Us District Court Local Rules

LOCAL COURT RULES
OF THE
UNITED STATES DISTRICT COURT
FOR THE
WESTERN DISTRICT OF TEXAS
Effective: April 26, 2012
TABLE OF CONTENTS
SECTION I CIVIL RULES
RULE
TITLE
CV-1
Scope of Rules
CV-3
Commencement of Action
(a) Civil Cover Sheet
(b) Habeas Corpus and Motions Pursuant to 28 U.S.C. 2255
(c) Motions to Stay Execution of State Court Judgments
CV-5
Service and Filing of Documents and Other Papers

(a)
(b)
(c)
(d)
(e)
Filing Requirements
Proof of Service
Orders
Nonconforming Documents
Attestations
CV-5.2
Documents Filed Under Seal
CV-6
Computing Time
CV-7
Pleadings Allowed; Form of Motions

(a) Generally
(b) Leave to File
(c) Dispositive Motion Defined
(d) Motions
(e) Responses
(f) Replies
(g) Proposed Orders
(h) Oral Hearings
(i) Conference Required
(j) Claims for Attorneys Fees
CV-10
Form of Pleadings
CV-16
Pretrial Conferences; Scheduling; Management
CV-23
Class Actions
CV-26
General Provisions Governing Discovery

(a) Relief
(b) Definitions and Rules of Construction
i
(c) Protective Orders

(d) Authentication of Documents
CV-30
Depositions Upon Oral Examination

(a) Notice
(b) Procedures, Examinations, and Objections
(c) Videotaped and Audiotaped Depositions
CV-33
Interrogatories to Parties
CV-36
Requests for Admissions
CV-54
Costs
CV-55
Failure to Obtain Default Judgment
CV-65
Injunctions
CV-65.1
Security; Proceedings Against Sureties
CV-67
Deposit and Disbursement of Registry Funds
CV-72
Magistrate Judges, Pretrial Matters
CV-79
Removal and Destruction of Records and Exhibits
CV-88
Alternative Dispute Resolution

(a) ADR Methods Available
(b) ADR Report
(c) Referral to ADR
(d) Attendance; Authority to Settle
(e) Fees
(f) Disqualification
(g) Relief from Referral
(h) Confidentiality
(i) Final ADR Report
(j) Sanctions
ii.
SECTION II - CRIMINAL RULES

Criminal Rules Effective December 1, 2002
CR-1
Scope and Applicability of Rules
CR-5A
Pretrial Services Interview, Report and Supervision of Confidential Informants
CR-5B
Initial Appearance of Undocumented Alien Detained as Material Witness
CR-6
The Grand Jury (DELETED)
CR-6A
The Grand Jury
CR-6B
Division In Which Indictment May Be Presented and Filed
CR-12
Pretrial Motions
CR-15
Depositions (DELETED)
CR-15A
Deposition of Witness Other Than Material Witness
CR-15B
Deposition and Release of Material Witness in Custody
CR-16
Discovery and Inspection
CR-17.1
Marking of Exhibits
CR-18
Place of Trial Within District
CR-24
Trial Jurors
CR-32
Sentence and Judgment
CR-45
Computing Time
CR-46
Release From Custody; Report of Detained Material Witnesses
CR-47
Motions and Responses
CR-49
Serving and Filing Papers
CR-55
Records
CR-58
Magistrate Judges
CR-61
Forfeiture of Collateral in Lieu of Appearance (DELETED)
Appendix F
Amended Information for Counsel Appointed Under the Criminal Justice Act
(NEW: 12/17/09)
(DELETED)
iii
SECTION III - ATTORNEYS

New Attorney Rules Effective April 17, 2007
AT-1
Admission of Attorneys
AT-2
Local Counsel
AT-3
Withdrawal of Attorney
AT-4
Standards for Pretrial Conduct
AT-5
Standards for Conduct Before the Judge and Jury
AT-6
Publicity and Trial Management
AT-7
Discipline of Attorneys
AT-8
Qualified Law Students and Unlicensed Law School Graduates
AT-9
Change of Address
iv
SECTION IV - APPENDICIES
APPENDIX A
Information Required - Motion for Class Action Certification
APPENDIX B
Scheduling Order
APPENDIX B-1
Notice of Right to Consent to Trial by Magistrate Judge
APPENDIX C
Local Rules for the Assignment of Duties to United States

Magistrate Judges
APPENDIX D
Amended Plan Providing for the Random Selection of Grand and

Petit Jurors in the Western District of Texas (DELETED,
December 2, 2011)
APPENDIX D-1
Juror Questionnaire (DELETED, December 2, 2011)
APPENDIX E
Application for Admission to Practice in the Western District of

Texas
APPENDIX F
(DELETED, December 1, 2002)
APPENDIX G
Listing of Selected General Orders (DELETED, December 2,

2011)
APPENDIX H
Protective Order
APPENDIX I
Guidelines for Nonstenographic Deposition
APPENDIX J
Notice Regarding Complaints of Judicial Misconduct or Disability
APPENDIX K
Plan for Prompt Disposition of Criminal Cases Pursuant to the

Speedy Trial Act of 1974, 18 U.S.C. 3165(e)(3)
APPENDIX L
Local Court Rules of the United States Bankruptcy Court for the
Western District of Texas
APPENDIX M
Adoption of the Texas Lawyer's Creed
v.

The UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
TEXAS is comprised of seven divisions.
(1)
The AUSTIN DIVISION comprises the following counties: Bastrop, Blanco,
Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch,
San Saba, Travis, Washington and Williamson.
Court for the Austin Division shall be held at Austin. The addresses and telephone
numbers for the residing U.S. District Judges and the U.S. District Clerk at Austin are as follows:
Hon. Sam Sparks
U.S. District Judge
501 West 5th Street, Suite 4120
Austin, Texas 78701
(512) 916-5230
Hon. Lee Yeakel

U.S. District Judge
Austin, Texas 78701
(512) 916-5756
Hon. Harry Lee Hudspeth

Senior Judge
903 San Jacinto Blvd., Suite 440
Austin, Texas 78701
(512) 916-5837
Hon. James R. Nowlin

Senior Judge
Austin, Texas 78701
(512) 916-5675
U.S. District Clerk

U.S. Courthouse
Austin, Texas 78701
(512) 916-5896
(2)
The DEL RIO DIVISION comprises the following counties: Edwards, Kinney,
Maverick, Terrell, Uvalde, Val Verde and Zavala.
Court for the Del Rio Division shall be held at Del Rio. The addresses and telephone
numbers for the residing U.S. District Judge and the U.S. District Clerk at Del Rio are as follows:
Hon. Alia Moses
U.S. District Judge
111 East Broadway, Room A-202
Del Rio, Texas 78840
(830) 703-2038
vi
U.S. District Clerk

U.S. Courthouse
111 East Broadway, Room 100
Del Rio, Texas 78840
(830) 703-2054
(3)
The EL PASO DIVISION comprises the following county: El Paso.
Court for the El Paso Division shall be held at El Paso. The addresses and telephone
numbers for the residing U.S. District Judges and the U.S. District Clerk at El Paso are as follows:
Hon. Philip R. Martinez
U.S. District Judge
Albert Armendariz, Sr. U.S. Courthouse
525 Magoffin Avenue, Suite 661
El Paso, Texas 79901
(915) 534-6736
Hon. Kathleen Cardone

U.S. District Judge
(915) 534-6740
Hon. Frank Montalvo

U.S. District Judge
(915) 534-6600
Hon. David C. Guaderrama

U.S. District Judge
(915) 534-6005
Hon. David Briones

Senior Judge
(915) 534-6744
U.S. District Clerk

(915) 534-6725
(4)
The PECOS DIVISION comprises the following counties: Brewster, Culberson,
Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Ward and Winkler.
Court for the Pecos Division shall be held at Pecos. The address and telephone
number for the U.S. District Clerk at Pecos is:
U.S. District Clerk
Lucius D. Bunton, III U.S. Courthouse
410 South Cedar Street
Pecos, Texas 79772
(432) 445-4228
(5)
The SAN ANTONIO DIVISION comprises the following counties: Atascosa,
Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real
and Wilson.
vii
Court for the San Antonio Division shall be held at San Antonio. The addresses and
telephone numbers for the residing U.S. District Judges and the U.S. District Clerk at San Antonio
are as follows:
Hon. Fred Biery
Chief U.S. District Judge
John H. Wood, Jr., U.S. Courthouse
655 E. Durango Blvd.
San Antonio, Texas 78206
(210) 472-6505
Hon. Orlando L. Garcia

U.S. District Judge
655 E. Durango Blvd
(210) 472-6565
Hon. Xavier Rodriguez

U.S. District Judge
655 E. Durango Blvd.
(210) 472-6575
U.S. District Clerk

655 E. Durango Blvd., Room G-65
(210) 472-6550
(6)
The WACO DIVISION comprises the following counties: Bell, Bosque, Coryell,
Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Milam, Robertson and Somervell.
Court for the Waco Division shall be held at Waco. The addresses and telephone
number for the residing U.S. District Judge and the U.S. District Clerk at Waco are as follows:
Hon. Walter S. Smith, Jr.
U.S. District Judge
U.S. Courthouse, Room 301
800 Franklin Avenue
Waco, Texas 76701
(254) 750-1519
U.S. District Clerk

U.S. Courthouse, Room 380
800 Franklin Avenue
Waco, Texas 76701
(254) 750-1501
viii
(7)
The MIDLAND/ODESSA DIVISION comprises the following counties: Andrews,
Crane, Ector, Martin, Midland and Upton.
Court for the Midland/Odessa Division shall be held at Midland. Court may be held,
in the discretion of the Court, in Odessa, when courtroom facilities are made available at no expense
to the government. The addresses and telephone numbers for the residing U.S. District Judge and
the U.S. District Clerk at Midland are as follows:
Hon. Robert A. Junell
U.S. District Judge
U.S. Courthouse
200 E. Wall, Room 301
Midland, Texas 79701
(432) 686-4020
U.S. District Clerk

U.S. Courthouse
200 E. Wall, Room 222
Midland, Texas 79701
(432) 686-4001
ix
SECTION I - CIVIL RULES

RULE CV-1.
SCOPE OF RULES
(a)
The rules of procedure in any proceeding in this court shall be prescribed by the
laws of the United States, the rules of the Supreme Court of the United States, any applicable
rules of the United States Court of Appeals for the Fifth Circuit, and these rules.
(b)
Where in any proceeding or in any instance there is no applicable rule of
procedure, a judge may prescribe same.
(c)
These rules may be cited as Local Court Rules.
(d)
Unless otherwise provided, any revision to these rules applies to all cases pending
on or filed after the date of the revision.
(e)
Any judge of this court may waive any requirement of these rules regarding the
administration of that judges docket.
CV-1-1
RULE CV-3.
COMMENCEMENT OF ACTION
(a)
Civil Cover Sheet. The clerk is authorized and instructed to require a complete
and executed AO Form JS 44, Civil Cover Sheet, which shall accompany each civil case to be
filed. If the filing of a civil case is not accompanied by a complete and executed Civil Cover
Sheet, the clerk must accept the case for filing, but must promptly inform the filing party that the
filing party must complete and execute the Civil Cover Sheet. If the filing party fails to do so not
later than 7 days after being informed, the clerk must so advise the court. An unrepresented
person who files a civil case or a person who, when filing a civil case, is in the custody of a civil,
state or federal institution, need not complete and execute the Civil Cover Sheet. All parties are
required to advise the court of any related cases, through means of the Civil Cover Sheet or
otherwise.
(b)
Habeas Corpus and Motions Pursuant to 28 U.S.C. 2255.

(1) Petitions for writ of habeas corpus and motions filed pursuant to 28 U.S.C.
2255 by persons in custody shall be in writing, signed, and verified.
(2) Such petitions and motions shall be made on forms supplied by the court or
set forth in detail all the information requested in the courts forms.
(3) The petition or motion must be filed with the clerks office in the proper
division.
(4) If any issue is raised in a habeas corpus petition that was not raised or has not
been fully exhausted in state court, the petition shall state the reasons why such
action has not been taken.
(5) If the same petitioner or movant has previously filed in this court a petition
for habeas corpus relief or a motion pursuant to 28 U.S.C. 2255 challenging the
same state court judgment or federal sentence, the case shall be assigned to the
judge who considered the prior matter.
(6) A second or successive petition for habeas corpus relief or motion for relief
pursuant to 28 U.S.C. 2255 will be dismissed without prejudice unless
accompanied by a certificate issued by a panel of the Fifth Circuit.
(7) This court's opinion in any such action shall separately state each issue raised
by the habeas corpus petition or motion pursuant to 28 U.S.C. 2255 and rule
expressly on each issue, stating the reasons for each ruling made.
(8) If a certificate of appealability is issued by this court in a death penalty case
with a pending execution date, the court shall, upon request, grant a stay of
execution to continue until such time as the court of appeals expressly acts with
reference to the case.
CV-3-1
(c)
Motions to Stay Execution of State Court Judgments.

(1) A petitioner or plaintiff who seeks a stay of enforcement or execution of a
state court judgment or order shall attach to the motion requesting the stay a copy
of each state court judgment that the petitioner or plaintiff seeks to have stayed.
(2) The motion for stay of execution or stay of enforcement must state whether
the same petitioner or plaintiff has previously sought relief arising out of the same
matter from this court or from any other federal court. The reasons for denying
relief given by any court that has considered the matter, including any written
opinion issued by said court, must also be attached to the motion for stay of
execution or enforcement. If reasons for the ruling were not given in a written
opinion, a copy of the relevant portions of the transcripts must be supplied to this
court.
(3) A motion for stay of execution filed on behalf of a petitioner challenging a
sentence of death must be filed at least 7 days before the petitioners scheduled
execution date or recite good cause for any late filing.
(4) If the same petitioner or plaintiff has previously filed in this court a motion
for stay of execution or enforcement of the same state court judgment challenged
in the petitioners or plaintiffs motion for stay, the case shall be assigned to the
judge who considered the prior matter.
CV-3-2
RULE CV-5.
(a)
SERVICE AND FILING OF DOCUMENTS AND OTHER PAPERS

Filing Requirements.
(1)
Electronic. The court accepts documents by electronic means that
comply with the Administrative Policies and Procedures for Electronic Filing in
Civil and Criminal Cases (Electronic Filing Procedures).
(2)
Traditional. All documents submitted for traditional filing shall be
furnished to the clerk in duplicate, the original of which shall be marked and
filed, and the remaining copy shall be sent to the judge on whose docket the case
is placed.
(b)
Proof of Service.
(1)
Electronic. Pursuant to Section 15(a) of the Electronic Filing
Procedures, the Notice of Electronic Filing (NEF) generated by the courts
electronic filing system constitutes service of the document on those registered as
Filing Users. Proof of service shall be provided as set out in Section 15(c) of the
Electronic Filing Procedures.
(2)
Traditional. All documents presented for traditional filing shall
contain an acknowledgment of service by the person served, or proof of service in
the form of a statement of the date and the manner of service and of the names of
the persons served, certified by the person who made service. Proof of service
may appear on, or be affixed to the documents filed. The clerk may permit
documents to be filed without acknowledgment of proof of service but shall
require such to be filed promptly thereafter.
(c)
Orders. All orders and decrees submitted for settlement or signature must be
presented through the clerks office, and not sent directly to the judge. In case of contest
as to form or substance, the clerk will give notice of any hearing that may be required by
the judge.
(d)
Nonconforming Documents. If a document that fails to conform with these rules
is submitted, the clerk shall file the document, and shall promptly inform the filing party
that the document is not in compliance with these rules.
CV-5-1
RULE CV-5.2
DOCUMENTS FILED UNDER SEAL
(a)
In appropriate circumstances a party may need to submit a sealed document for
consideration by the court. For purposes of this rule, the term sealed document may include
any pleading, motion, paper, physical item, or other submission that the Federal Rules of Civil
Procedure or these rules permit or require to be filed. If the sealed document is associated with a
pleading, motion or other submission requesting or opposing relief from the court, as in the case
of an exhibit to such submission, the sealed document must not be filed with the submission.
Instead, the sealed document must be separately filed as an exhibit to a motion requesting
permission to keep the document under seal (a sealing motion). All documents intended to be
kept under seal must be filed as an exhibit to a sealing motion.
(b)
Motions to keep pleadings, motions, or other submissions requesting or opposing
relief from the court under seal are disfavored. The court expects parties to draft such
submissions in a manner that does not disclose confidential information.
(c)
The sealing motion must identify the submission the sealed document is
associated with, if applicable. The sealing motion and the accompanying sealed document must
be filed under seal, state the factual basis for the requested sealing order, and otherwise comply
with the requirements of Rules CV-7 and CV-10 and the procedures governing electronic or
paper filings, as applicable to the submission. The court expects parties to draft sealing motions
in a manner that does not disclose confidential information because the sealing motion, without
the sealed document, may subsequently be unsealed by court order.
(d)
If the court grants a sealing motion, the clerk will keep the sealed document under
seal unless and until otherwise ordered by the court, and, if appropriate, the clerk shall link the
sealed document to its associated pleading, motion, or other submission. The court may order
that the sealing motion, without the sealed document, be unsealed. If the court denies a sealing
motion, the clerk, on order of the court, shall delete the sealed document.
(e)
Counsel for the party moving to keep any document under seal is responsible for
serving a copy of the sealed document on all counsel of record, but may not use the courts
electronic notice facilities to serve the sealed document.
CV-5.2-1
RULE CV-6.
COMPUTING TIME
In computing any time period in any civil case, the provisions of Federal Rule of Civil
Procedure 6, as amended, shall be applied.
CV-6-1
RULE CV-7.
PLEADINGS ALLOWED; FORM OF MOTIONS
(a)
Generally. Unless made during a hearing or trial, a pleading, motion, or other
submission must meet the requirements of Rule CV-10.
(b)
Leave to File. When a motion for leave to file a pleading, motion, or other
submission is required, an executed copy of the proposed pleading, motion, or other submission
shall be filed as an exhibit to the motion for leave. Unless otherwise ordered, if the motion for
leave is granted, the clerk shall promptly file the pleading, motion, or other submission. After
leave is granted, any applicable time limits triggered by the pleading, motion, or other
submission shall run from the filing of the pleading, motion, or other submission by the clerk or
otherwise.
(c)
Dispositive Motion Defined. For purposes of this rule, a dispositive motion is
a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment or
partial summary judgment, a motion for new trial, or a motion for judgment as a matter of law.
(d)
Motions.
(1) Generally. Legal authorities supporting any motion must be cited in the
motion. An appendix may be filed with the motion specifying any factual basis
relied upon. If filed, the appendix must include all affidavits, deposition
transcripts, or other documents supporting the relied upon facts. All motions must
state the grounds therefor and cite any applicable rule, statute, or other authority,
if any, justifying the relief sought.
(2) Motions Not Requiring Citation of Legal Authorities. Legal authorities are
not required to be cited in any of the following motions:
(a) for extension of time for the performance of an act required or allowed
to be done, provided request therefor is made before the expiration of the
period originally prescribed, or as extended by previous orders;
(b) to continue a pretrial conference hearing or motion or the trial of an
action;
(c) for a more definite statement;
(d) to join additional parties;
(e) to amend pleadings;
(f) to file supplemental pleadings;
(g) to appoint next friend or guardian ad litem;
(h) to intervene;
(i) for substitution of parties;
(j) relating to discovery including but not limited to motions for the
production and inspection of documents, specific objections to
interrogatories, motions to compel answers or further answers to
interrogatories, and motions for physical or mental examination;
(k) to stay proceedings to enforce judgment;
(l) joint motions to dismiss;
(m) to withdraw as counsel;
(n) for mediation or other form of alternative dispute resolution; and
(o) for approval of an agreed protective order.
CV-7-1
(3) Page Limits. Unless otherwise authorized by the court, a dispositive motion
is limited to 20 pages and a nondispositive motion is limited to 10 pages. These
page limits are exclusive of the caption, signature block, any certificate, and
accompanying documents.
(e)
Responses.
(1) Generally. Any party opposing a motion shall file a response and supporting
documents as are then available. The response must contain a concise statement
of the reasons for opposition to the motion and citations of the legal authorities on
which the party relies.
(2) Time Limits. A response to a dispositive motion shall be filed not later than
14 days after the filing of the motion. A response to a nondispositive motion shall
be filed not later than 7 days after the filing of the motion. If there is no response
filed within the time period prescribed by this rule, the court may grant the motion
as unopposed.
(3) Page Limits. Unless otherwise authorized by the court, a response to a
dispositive motion is limited to 20 pages and a response to a nondispositive
motion is limited to 10 pages. These page limits are exclusive of the caption,
signature block, any certificate, and accompanying documents.
(f)
Replies.
(1) Generally. A party may file a reply in support of a motion. Absent leave of
court, no further submissions on the motion are allowed.
(2) Time Limit. A reply in support of a motion shall be filed not later than 7 days
after the filing of the response to the motion. The court need not wait for a reply
before ruling on a motion.
(3) Page Limits. Unless otherwise authorized by the court, a reply in support of a
dispositive motion is limited to 10 pages and a reply in support of a
nondispositive motion is limited to 5 pages. These page limits are exclusive of
the caption, signature block, any certificate, and accompanying documents.
(g)
Proposed Orders. A proposed order shall be filed with all nondispositive
motions. When a motion is one that requires a proposed order, any response to the motion shall
also be accompanied by a proposed order.
(h)
Oral Hearings. A movant or respondent may request an oral hearing. The
allowance of an oral hearing is within the sole discretion of the court.
(i)
Conference Required. The court may refuse to hear or may deny a
nondispositive motion unless the movant advises the court within the body of the motion that
counsel for the parties have first conferred in a good-faith attempt to resolve the matter by
agreement and, further, certifies the specific reason that no agreement could be made. Movants
are encouraged to indicate in the title of the motion whether the motion is opposed. A motion is
CV-7-2
unopposed only if there has been an actual conference with opposing counsel and there is no
opposition to any of the relief requested in the motion.
(j)
Claims for Attorneys Fees.

(1) Unless the substantive law requires a claim for attorneys fees and related
nontaxable expenses to be proved at trial as an element of damages to be
determined by a jury, a claim for fees shall be made by motion not later than 14
days after entry of judgment pursuant to Federal Rule of Civil Procedure 54(d)(2)
and pursuant to the following provisions. Counsel for the parties shall meet and
confer for the purpose of resolving all disputed issues relating to attorneys fees
prior to making application. The application shall certify that such a conference
has occurred. If no agreement is reached, the applicant shall certify the specific
reason why the matter could not be resolved by agreement. The motion shall
include a supporting document organized chronologically by activity or project,
listing attorney name, date, and hours expended on the particular activity or
project, as well as an affidavit certifying (1) that the hours expended were actually
expended on the topics stated, and (2) that the hours expended and rate claimed
were reasonable. Such application shall also be accompanied by a brief memo
setting forth the method by which the amount of fees was computed, with
sufficient citation of authority to permit the reviewing court the opportunity to
determine whether such computation is correct. The request shall include
reference to the statutory authorization or other authority for the request.
(2) An objection to a motion for attorneys fees shall be filed on or before 14
days after the date of filing of the motion. If there is no timely objection, the court
may grant the motion as unopposed.
(3) A motion for award of attorneys fees filed beyond the 14 day period may be
deemed untimely and a waiver of entitlement to fees.
CV-7-3
RULE CV-10.
FORM OF PLEADINGS
(a)
A pleading, motion, or other submission shall be typed or printed in 12 point or
larger font (including footnotes), double-spaced, on paper sized 8 x 11 with one-inch
margins on all sides and shall be endorsed with the style of the case and the descriptive name of
the document. Headings, footnotes, and quotations more than two lines long may be singlespaced.
(b)
A pleading, motion, or other submission filed by a represented party shall contain
the mailing address, e-mail address, signature, state bar card number, and telephone and fax
numbers, including area code, of the attorney.
(c)
A pleading, motion, or other submission filed by an unrepresented party shall
contain the partys mailing address, e-mail address, signature, and telephone and fax numbers,
including area code.
(d)
An unrepresented party and any attorney representing a party must timely inform
the court of any change in the partys or attorneys mailing address, e-mail address, signature, or
telephone or fax number. The court may sanction a party for the partys or the attorneys failure
to do so, including dismissal of the partys claims or defenses.
CV-10-1
RULE CV-16.
PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT
A scheduling order must be entered in every case except those exempted in

(a)
Section (b) of this rule. The form of the scheduling order should conform to the form prescribed
by the judge and posted on the courts website. If the judge has not posted a form scheduling
order on the website, the scheduling order may conform to the form set out in Appendix B of
these rules.
(b)
The same types of cases that are exempt from mandatory disclosure requirements
under Federal Rule of Civil Procedure 26 are exempt from the scheduling order requirement of
Rule 16. In addition, the following categories of cases are also exempt from the scheduling order
requirement: (1) bankruptcy appeals; (2) civil forfeiture cases; (3) land condemnation cases; (4)
naturalization proceedings filed as civil cases; (5) interpleader cases; and (6) any other case
where the judge finds that the ends of justice would not be served by using the scheduling order
procedure of Rule 16.
(c)
Not later than 60 days after any appearance of any defendant, the parties shall
submit a proposed scheduling order to the court in the form described in Section (a). The parties
first shall confer as required by Rule 26(f). The content of the proposed scheduling order shall
include proposals for all deadlines set out in the described form. The parties shall endeavor to
agree concerning the contents of the proposed order, but in the event they are unable to do so,
each partys position and the reasons for the disagreement shall be included in the proposed
schedule submitted to the court. In the event the plaintiff has not yet obtained service on all
defendants, the plaintiff shall include an explanation of why all parties have not been served.
The scheduling proposals of the parties shall be considered by the court, but the setting of all
dates is within the discretion of the court.
(d)
Unopposed discovery may continue after the deadline for discovery contained in
the scheduling order, provided that discovery does not delay other pretrial preparations or the
trial setting. Absent exceptional circumstances, no motions relating to discovery, including
motions under Rules 26(c), 29, and 37, shall be filed after the expiration of the discovery
deadline, unless they are filed within 7 days after the discovery deadline and pertain to conduct
occurring during the final 7 days of discovery. Written discovery is not timely unless the
response to that discovery would be due before the discovery deadline. The responding party has
no obligation to respond and object to written discovery if the response and objection would not
be due until after the discovery deadline. Depositions must be completed before the discovery
deadline. Notices served before the discovery deadline which purport to schedule depositions
after the discovery deadline will not be enforced.
CV-16-1
(e)
Unless otherwise ordered by the court, each party shall serve and file the
following information at least 14 days before the scheduled date for trial, jury selection, docket
call, or the final pretrial conference, whichever is first:
(1)
A list of questions the party desires the court to ask prospective jurors.
(2)
In cases to be tried to a jury, a statement of the partys claims or defenses
to be used by the court in conducting voir dire. The statement shall be no longer
than page with type double-spaced.
(3)
A list of stipulated facts.
(4)
An appropriate identification of each exhibit as specified in this rule
(except those to be used for impeachment only), separately identifying those that
the party expects to offer and those that the party may offer if the need arises.
(5)
The name and, if not previously provided, the address and telephone
number of each witness (except those to be used for impeachment only),
separately identifying those whom the party expects to present and those whom
the party may call if the need arises.
(6)
The name of those witnesses whose testimony is expected to be presented
by means of a deposition and designation by reference to page and line of the
testimony to be offered (except those to be used for impeachment only) and, if not
taken stenographically, a transcript of the pertinent portions of the deposition
testimony.
(7)
Proposed jury instructions and verdict forms.
(8)
In nonjury trials, Proposed Findings of Fact and Conclusions of Law.
(9)
Any motions in limine.
(10)
An estimate of the probable length of trial.
(f)
At least 7 days prior to the scheduled date for trial, jury selection, docket call, or
the final pretrial conference, whichever is first, each party shall serve and file the following:
(1)
A list disclosing any objections to the use under Rule 32(a) of deposition
testimony designated by the other party.
(2)
A list disclosing any objection, together with the grounds therefore, that
may be made to the admissibility of any exhibits. Objections not so disclosed,
other than objections under Federal Rules of Evidence 402 and 403 shall be
deemed waived unless excused by the court for good cause shown.
CV-16-2
(g)
All trial exhibits must be marked with an identifying sequence, followed by a
dash, followed by a number; for example, Exhibit P-1 and Exhibit D-1. The identifying sequence
(e.g., P and D) will identify the party who will offer the exhibit. Parties will assign numbers
to their exhibits consecutively, beginning with the number 1. The letter G will be assigned to
the government for identification purposes. In cases involving more complex pleading
relationships (e.g., consolidated cases, intervenors, and third party actions), it is the responsibility
of counsel for the plaintiff, in consultation with the judges courtroom deputy clerk, to coordinate
the assignment of the unique identification sequences.
CV-16-3
RULE CV-23.
CLASS ACTIONS
A motion to certify a class must include the information enumerated in Appendix A to

these rules.
CV-23-1
RULE CV-26.
GENERAL PROVISIONS GOVERNING DISCOVERY
(a)
Relief. If relief is sought under Federal Rules of Civil Procedure 26(c) or
37(a)(3), concerning any interrogatories, requests for production or inspection, requests for
admissions, answers to interrogatories or responses to requests for admissions, copies of the
portions of the interrogatories, requests, answers or responses in dispute shall be attached to the
motion.
(b)
Definitions and Rules of Construction. The full text of the definitions and rules
of construction set forth in this paragraph is deemed incorporated by reference into all discovery
requests, but shall not preclude (i) the definition of other terms specific to the particular
litigation, (ii) the use of abbreviations or (iii) a more narrow definition of a term defined in this
paragraph. This rule is not intended to broaden or narrow the scope of discovery permitted by
the Federal Rules of Civil Procedure. The following definitions apply to all discovery requests:
(1)
Communication. The term communication means the transmittal of
information (in the form of facts, ideas, inquiries or otherwise).
(2)
Document. The term document is defined to be synonymous in
meaning and equal in scope to the usage of this term in Federal Rule of Civil
Procedure 34(a). A draft of a nonidentical copy is a separate document within the
meaning of this term.
(3)
Identify (With Respect to Persons). When referring to a person, to
identify means to give, to the extent known, the persons full name, present or
last known address, e-mail address, and telephone number, and when referring to
a natural person, additionally, the present or last known place of employment.
Once a person has been identified in accordance with this subparagraph, only the
name of that person need be listed in response to subsequent discovery requesting
the identification of that person.
(4)
Identify (With Respect to Documents). When referring to documents, to
identify means to give, to the extent known, the (i) type of document; (ii) general
subject matter; (iii) date of the document; and (iv) author(s), addressee(s), and
recipient(s).
(5)
Parties. The terms plaintiff and defendant as well as a partys full or
abbreviated name or pronoun referring to a party mean the party and, where
applicable, its officers, directors, employees, partners, corporate parent,
subsidiaries or affiliates. This definition is not intended to impose a discovery
obligation on any person who is not a party to the litigation.
CV-26-1
(6)
Person. The term person is defined as any natural person or business,
legal or governmental entity or association.
(7)
Concerning. The term concerning means relating to, referring to,
describing, evidencing or constituting.
(c)
Protective Orders. Upon motion by any party demonstrating good cause, the
court may enter a protective order in the form set out in Appendix H or any other appropriate
form. In cases where the parties agree to a protective order, the form set out in Appendix H is
approved.
(d)
Authentication of Documents. A partys production of a document in response
to written discovery authenticates the document for use against that party in any pretrial
proceeding or at trial unless not later than 14 days or a period ordered by the court or specified
by Rule CV-16(e), after the producing party has actual notice that the document will be used
the party objects to the authenticity of the document, or any part of it, stating the specific basis
for objection. An objection must be either on the record or in writing and must have a good faith
factual and legal basis. An objection made to the authenticity of only part of a document does
not affect the authenticity of the remainder. If objection is made, the party attempting to use the
document should be given a reasonable opportunity to establish its authenticity.
CV-26-2
RULE CV-30.
DEPOSITIONS UPON ORAL EXAMINATION
(a)
Notice. The notice for a deposition shall be in the form prescribed in Federal
Rule of Civil Procedure 30, and in addition shall state the identity of persons who will attend
other than the witness, parties, spouses of parties, counsel, employees of counsel, and the officer
taking the deposition. If any party intends to have any other persons attend, that party must give
reasonable notice to all parties of the identity of such other persons.
(b)
Procedures, Examinations and Objections. The parties are permitted to
stipulate on the record of the deposition any agreement regarding the rules for the deposition.
Objections during depositions shall be stated concisely and in a nonargumentative and
nonsuggestive manner. An attorney shall not, in the presence of the deponent, make objections
or statements that might suggest an answer to the deponent. An attorney for a deponent shall not
initiate a private conference with the deponent regarding a pending question, except for the
purpose of determining whether a claim of privilege should be asserted. An attorney who
instructs a deponent not to answer a question shall state, on the record, the legal basis for the
instruction consistent with Federal Rule of Civil Procedure 30(d)(1). If a claim of privilege has
been asserted as a basis for an instruction not to answer, the attorney seeking discovery shall
have reasonable latitude during the deposition to question the deponent and establish relevant
information concerning the appropriateness of the assertion of the privilege, including (i) the
applicability of the privilege being asserted, (ii) the circumstances that may result in the privilege
having been waived, and (iii) circumstances that may overcome a claim of qualified privilege. A
violation of the provisions of this Rule may be deemed to be a violation of a court order and may
subject the violator to sanctions under Federal Rule of Civil Procedure 37(b)(2).
(c)
Videotaped and Audiotaped Depositions. If the deposition is to be recorded by
videotape or audiotape, the party noticing the deposition or subpoenaing the witness shall be
responsible for ensuring that the equipment used is adequate to produce a clear record. If the
deposition is to be recorded by videotape, the procedures set out in Appendix I shall govern the
deposition proceedings, except upon stipulation of the parties or order of the court upon motion
and showing of good cause.
CV-30-1
RULE CV-33.
INTERROGATORIES TO PARTIES
(a)
All answers to interrogatories must be signed under oath by the party to whom
they are directed. If circumstances prevent a party from signing the answers, the partys attorney
may serve the answers without the partys signature with a statement that properly executed
answers will be served on the requesting party not later than 21 days after serving the unexecuted
answers. This time may be extended by order of the court.
(b)
A party that serves written interrogatories under Federal Rule of Civil Procedure
33 may use any of the following approved interrogatories. The court will not consider objections
to these interrogatories, except upon a showing of exceptional circumstances. Each approved
interrogatory counts as one question. Other interrogatories are counted in accordance with
Federal Rule of Civil Procedure 33(a).
(1)
Identify all persons who you believe have knowledge of relevant facts and
identify the issues upon which you believe they have knowledge.
(2)
Identify all persons or legal entities who have a subrogation interest in the
cause of action set forth in your complaint [or counterclaim], and state the basis
and extent of said interest.
(3)
If [name of party to whom the interrogatory is directed] is a partner, a
partnership, or a subsidiary or affiliate of a publicly owned corporation that has a
financial interest in the outcome of this lawsuit, list the identity of the parent
corporation, affiliate, partner, or partnership and the relationship between it and
[the named party]. If there is a publicly owned corporation or a holding company
not a party to the case that has a financial interest in the outcome, list the identity
of such corporation and the nature of the financial interest.
(4)
If the defendant is improperly identified, give its proper identification and
state whether you will accept service of an amended summons and complaint
reflecting the information furnished by you in answer hereto.
(5)
If you contend that some other person or legal entity is, in whole or in
part, liable to [the plaintiff or defendant] in this matter, identify that person or
legal entity and describe in detail the basis of said liability.
CV-33-1
RULE CV-36.
REQUESTS FOR ADMISSIONS
Requests for admissions made pursuant to Federal Rule of Civil Procedure 36 are limited
to 30 requests. The court may permit further requests upon a showing of good cause.
CV-36-1
RULE CV-54
COSTS
(a)
Unless otherwise determined by the court, costs will be assessed in the final
judgment in a case. A party awarded costs shall prepare and file a proposed bill of costs no later
than 14 days after the entry of judgment. The proposed bill of costs shall be served on all
parties.
(b)
Any party opposing a proposed bill of costs must file an objection no later than 14
days after a proposed bill of costs is filed.
(c)
If no objection to the proposed bill of costs is filed, the clerk shall not tax costs
until the expiration of 21 days after the filing of the proposed bill of costs. If the clerk fails to tax
costs within 28 days after the proposed bill of costs is filed, and there being no objection filed,
then costs will be deemed taxed as proposed.
(d)
If objection to the proposed bill of costs is timely filed by a party, the clerk will
forward the proposed bill of costs and the objection to the presiding judge in the case for final
resolution.
(e)
A party dissatisfied with the clerks action may file a motion to review the clerks
action no later than 7 days after the clerk has taxed costs.
CV-54-1
RULE CV-55
FAILURE TO OBTAIN DEFAULT JUDGMENT
If a defendant is in default, the court may require the plaintiff to move for entry of a
default and a default judgment. If the plaintiff fails to do so within the prescribed time, the court
may dismiss the action, without prejudice, as to the defendant.
CV-55-1
RULE CV-65.
INJUNCTIONS
An application for a temporary restraining order or preliminary injunction shall be made

in an instrument separate from the complaint.
CV-65-1
RULE CV-65.1
SECURITY; PROCEEDINGS AGAINST SURETIES
(a)
No clerk, marshal, attorney, or officer of this court will be accepted as surety,
either directly or indirectly, on any bond or undertaking in any action or proceeding in this
court, nor shall any such person advance or provide money or other thing of value for any cost,
bail, attachment or replevy bond taken in this court.
(b)
The clerk shall make available a list of corporations or other entities authorized by
the Secretary of the Treasury to act as surety on official bonds on the districts website, or in
such other manner as the clerk deems sufficient public notice.
(c)
Unless the court otherwise directs, every bond furnished in connection with any
matter must be done in one of the following manners, either:
(1)
Cash or United States Government Bonds deposited in the registry of the
court in lieu of sureties; or
(2)
Surety bonds that have:

(A) A corporation authorized by the Secretary of the Treasury of the
United States to act as surety on official bonds;
(B) An individual resident of the Western District of Texas who satisfied
the court that he owns real or personal property not exempt by law within
the district sufficient to justify the full amount of the suretyship.
(d)
Each person who is to act as a principal or as a surety on an official bond shall
undertake to:
(1)
Prosecute the claim or action with effect;
(2)
Abide by the decision of the court; and
(3)
Pay the damages sustained, to the full extent of the face amount of the
bond, if the court finds that the order secured by the bond was wrongfully applied
for or wrongfully made.
CV-65.1-1
RULE CV-67.
DEPOSIT AND DISBURSEMENT OF REGISTRY FUNDS
Deposits into and disbursements from the registry of the court must be made in
compliance with Federal Rule of Civil Procedure 67 and Federal Rule of Bankruptcy Procedure
7067. The following procedures also govern any such deposits and disbursements:
(a)
All funds tendered for deposit into the registry of the court, with the exception of
cash bail, shall be placed in an interest bearing account.
(b)
A motion requesting leave of court to deposit funds into the registry must be filed
and served on all interested parties to the proceeding. The motion and proposed order shall set
out with particularity the information found on the courts website, www.txwd.uscourts.gov,
in the drop-down menu For Attorneys under Registry Funds Information.
(c)
The clerk is the designated beneficiary and custodian of the invested accounts.
(d)
After the order is entered permitting deposit and investment or reinvestment of
funds, the party presenting the order shall deliver a copy of said order on the clerk, either
personally or by certified mail or in his absence, the divisional office manager. It shall also be
incumbent on the presenting party to confirm that the appropriate action has been accomplished
by the clerk in accordance with the provisions of the order.
(e)
Upon entry of an order directing the clerk to disburse funds on deposit in the
registry of the court, it will be the responsibility of the movant to serve a copy of said order on
the clerk as set forth in subparagraph (d) above and in accordance with the information found on
the courts website, www.txwd.uscourts.gov, in the drop-down menu For Attorneys,
under Registry Funds Information.
CV-67-1
RULE CV-72.
MAGISTRATE JUDGES, PRETRIAL MATTERS
The magistrate judges of this court are authorized to perform all the duties allowed to
magistrate judges under the Federal Magistrates Act as amended in 28 United States Code 636.
The magistrate judges of this court are designated to exercise civil jurisdiction under section
636(c)(1) upon consent of the parties. Whenever applicable, the Local Rules of the Assignment
of Duties to United States Magistrate Judges found at Appendix C shall apply to proceedings
before the magistrate judges.
CV-72-1
RULE CV-79.
REMOVAL AND DESTRUCTION OF RECORDS AND

EXHIBITS
(a)
Nothing in the files of the court shall be taken from the office or custody of the
clerk, except on written order of the court. The party offering any exhibit or deposition shall be
responsible for its removal from the clerks office within 60 days after the final disposition of the
case, including appeal thereof. A detailed receipt shall be given by the party to the clerk. Any
exhibit or deposition remaining more than 60 days after final disposition of the case, including
appeal, may be destroyed or otherwise disposed of by the clerk.
(b)
Documents filed under seal in civil actions must remain sealed with the clerk,
unless otherwise ordered by the court.
CV-79-1
RULE CV-88.
ALTERNATIVE DISPUTE RESOLUTION
(a)
ADR Methods Available. The court may approve any ADR method the parties
suggest or the court believes is suited to the litigation.
(b)
ADR Report. Upon order of the court, the parties shall submit a report
addressing the status of settlement negotiations, disclosing the identity of the person responsible
for settlement negotiations for each party, and evaluating whether alternative dispute resolution
is appropriate in the case. In the event the parties conclude that ADR is appropriate and agree
upon a method of ADR and an ADR provider, they should identify both the method of ADR and
the provider they have selected, the method by which the provider was selected, and how the
provider will be compensated.
(c)
Referral to ADR. The court may refer a case to ADR on the motion of a party,
on the agreement of the parties, or on its own motion; however, the court may refer a case to
arbitration only with the consent of the parties (including but not limited to their consent by
contract to arbitration). If the parties agree upon an ADR method or provider, the court will
respect the parties agreement unless the court determines that another ADR method or provider
is better suited to the case and parties. If the parties are unable to agree on an ADR provider, the
court will select a provider.
(d)
Attendance; Authority to Settle. Counsel, party representatives with authority
to negotiate a settlement, and all other persons necessary to negotiate a settlement, including
insurance carriers, must attend the ADR session in person, unless the parties agree or the court
orders otherwise.
(e)
Fees. The provider and the litigants will determine the fees for the ADR. The
court reserves the right to review the reasonableness of the fees. If the provider and litigants are
unable to agree, the court will determine an appropriate fee.
(f)
Disqualification. No person shall serve as a provider if any of the circumstances
specified in 28 U.S.C. 455 of the Judicial Code of Conduct exist, or if the provider believes in
good faith that such circumstances exist.
(g)
Relief from Referral. A party opposing either the ADR referral or the appointed
provider must file written objections with the court not later than 14 days after receiving notice
of the referral or provider. Any party may obtain relief from an order upon a showing of good
cause. Good cause may include a showing that the expenses relating to alternative dispute
resolution would cause undue hardship to the party seeking relief from the order. In that event,
the court may in its discretion appoint a provider from the list of providers to serve at a reduced
fee, or without fee and at no cost to the party or parties.
(h)
Confidentiality. Except as otherwise provided herein, or as agreed by the
participants, a communication relating to the subject matter of any civil or criminal dispute made
by any participant during an alternative dispute resolution procedure, whether before or after the
CV-88-1
institution of formal judicial proceedings, is confidential, may not be disclosed, may not be used
as evidence against the participant in any judicial or administrative proceeding, and does not
constitute a waiver of any existing privileges or immunities.
(1)
Any record made at an alternative dispute resolution procedure is
confidential, and the participants or the third party facilitating the procedure may
not be required to testify in any proceedings relating to or arising out of the
matter in dispute or be subject to process requiring the disclosure of confidential
information or data relating to or arising out of the matter in dispute.
(2)
An oral communication or written material used in or made a part of an
alternative dispute resolution procedure is admissible or discoverable if it is
admissible or discoverable independent of the procedure.
(3)
If this section conflicts with other legal requirements for disclosure of
communications or materials, the issue of confidentiality may be presented to the
court having jurisdiction of the proceedings to determine, in camera, whether the
facts, circumstances, and context of the communications or materials sought to be
disclosed warrant a protective order of the court or whether the communications
or materials are subject to disclosure.
(i)
Final ADR Report. At the conclusion of each ADR proceeding, the provider
shall submit to the court a notice of outcome, including the style and number of the case, the
type of case, the method of ADR, whether the case has settled, and the providers fees.
(j)
Sanctions. The sanctions available under Federal Rule of Civil Procedure 16(f)
shall apply to any violation of this rule.
CV-88-2
SECTION II - CRIMINAL RULES

RULE CR-1.
SCOPE AND APPLICABILITY OF RULES
(a)
Scope. These rules apply in all criminal proceedings before the district and magistrate
judges of the Western District of Texas.
(b)
Applicability.
(1)
Conflicts with Other Laws or Rules. To the extent any of these rules conflict
with a law of the United States, or an applicable rule of the Supreme Court of the United States
or the United States Court of Appeals for the Fifth Circuit, the rule must not apply.
(2)
Waiver of Rules. Any judge of this court may waive a requirement of any of
these rules when it is in the interest of justice.
(3)
Absence of Rule. When no specific rule governs a procedural matter, the judge
may prescribe the procedure for that case.
(c)
Citation. These rules may be cited as the Western District of Texas Rules.
Committee Notes
1. The language of Rule CR-1 has been amended as part of the general restyling of the local criminal
rules to make them more easily understood and to make style and terminology consistent throughout
the rules. These changes are intended to be stylistic only, except as noted below.
2. The rules apply to cases then pending, unless applying a rule is not in the interest of justice.
3. Subsection (f) of the former rule, setting forth authority of magistrate judges is omitted from the
proposed revision. The delegation of magistrate authority is not related to the general scope and
applicability of the local rules and logically should be placed in its own rule. The style of subsection
(f) has been revised as proposed Rule CR-58, consistent with proposed revisions to the Fed. R. Crim.
P., which place matters pertaining to proceedings before a magistrate judge in Fed. R. Crim. P. 58.
CR 1 - 1
RULE CR-5A.
(a)
PRETRIAL SERVICES INTERVIEW AND REPORT
Interview.
(1)
Notice to Defendant. Before conducting a pretrial services interview, the
pretrial services officer must notify the defendant of:
(A)
the circumstances under which the information the defendant provides
must be disclosed; and
(B)
the defendant's rights during the interview, including:
(i) the defendant's right not to be questioned regarding the charges in

the case;
(ii) the defendant's right to decline to speak or provide any information
to the officer; and
(iii)
the defendant's right to counsel during the interview.
(2)
Notification Form. A form notifying the defendant of the rights set out in
subsection (a)(1) is appended to this rule.
(3)
Presence of Counsel. If the defendant wishes to have the assistance of counsel
during the interview, the pretrial services officer must afford a reasonable opportunity for
counsel to be present.
(b)
Use and Disclosure of Pretrial Service Report and Related Information.
(1)
In General. The use and disclosure of the pretrial services report, and any
information obtained by the pretrial services officer in the course of performing the pretrial
services function, are governed by 18 U.S.C. 3153(c). The pretrial services officer must
limit disclosure to the minimum information and the minimum number of persons necessary
to carry out the purpose of the disclosure.
(2)
Disclosure of the Pretrial Services Report. The pretrial services report must
be disclosed to the attorney for the defendant and the attorney for the government. The report
should not be re-disclosed to other persons by the attorney for the defendant or the attorney
for the government.
(3)
Disclosure of the Pretrial Services Recommendation. Unless otherwise
ordered by the court, the pretrial services officer's recommendation as to the propriety and
conditions of release will be disclosed to the parties with the pretrial services report.
CR 5A - 1
Committee Notes
1. Rule CR-5A is a new rule that prescribes procedures for pretrial services' interview and report, and
the management of defendants on supervision who are confidential informants.
2. Subsection (a) ensures that a defendant knows of his rights, and has the opportunity to invoke them,
before being interviewed by the pretrial services officer. Appended to the rule is a form pretrial
services uses to notify the defendant of his rights, and to advise the defendant that no adverse
inference will be drawn from his invocation of his rights.
3. Subsection (b) provides the parties with easier access to pretrial services information, subject to
the confidentiality requirements of 18 U.S.C. 3153(c). The Committee believes that it is consistent
with the statute for the pretrial services officer to provide a copy of the pretrial services report and
recommendation to both the government and defense attorneys, and that the statute does not require
the return of the report at the conclusion of any bail or other pretrial hearing. Cf. 12 Administrative
Office of the U.S. Courts, Guide to Judiciary Policies and Procedures, Ch. 3, Pt. A(4)(D)(1) (1999)
(subject to district court's practice and procedure, report must be returned to pretrial services officer
at conclusion of hearing).
CR 5A - 2

NOTICE TO DEFENDANTS
I, _________________________________, am being asked questions about myself by a
Pretrial Services Officer. I will not be questioned about the charges and I should avoid talking about
them at this time. I understand I am under no obligation to give any information and I may decline
to answer any particular question or all questions. However, I also understand the Pretrial Services
Officer is required to provide a report to the court on my general background whether or not I choose
to provide information at this time and that the absence of background information for consideration
by the court could affect my chances for pretrial release. I further understand the report provided to
the court will be made available to my attorney and the attorney for the government.
Any answers to these questions will be used by the court to decide whether I will be released
or kept in jail pending my trial and whether I will have to take part in treatment programs such as for
drug or alcohol abuse.
Statements I make to the Pretrial Services Officer in the course of the pretrial services function
cannot be used against me on the issue of guilt in a criminal judicial proceeding. Any information
could affect the decision regarding suitability for pretrial release.
If I am found guilty, either after trial or after pleading guilty, the information I provide to the
Pretrial Services Officer will be made available to a U.S. Probation Officer for the purpose of
investigating my background and preparing a presentence report and that information may affect my
sentence.
I know I have the right to speak with a lawyer before answering any questions. If I cannot
afford a lawyer, one will be appointed to represent me during questioning.
I have read this form, or had it read to me, and I understand my rights.
Date: _______________
________________________________
Defendant's Signature
Time: _______________ a.m.

p.m.
________________________________
Pretrial Services Officer
TXW/11/95
CR 5A - 3
TRIBUNAL DE JUSTICIA DE LOS ESTADOS UNIDOS DE AMERICA

DISTRITO OESTE DE TEXAS
AVISO A LOS ACUSADOS
Yo, ____________________________________________ , s que un Agente de Servicios
Previos al Juicio me est haciendo preguntas acerca de mi mismo. No me interrogar acerca de los
cargos en mi contra y por el momento deber evitar hablar de ellos. Comprendo que no estoy
obligado a dar informacin alguna y puedo declinar contestar alguna pregunta en partcular o todas
las preguntas. Sin embargo, tambin comprendo que el Agente de Servicios Previos al Juicio est
obligado a presentar un informe al tribunal. Este informe tratar de mis antecedentes personales ya
sea que yo decida darle o no darle informacin en este momento. Adems, comprendo que la falta
de informacin acerca de mis antecedentes personales para la consideracin del tribunal podra afectar
la posibilidad de obtener libertad previa al juicio. Adems, comprendo que el informe presentado al
tribunal ser puesto a la disposicin de mi abogado y la del abogado del gobierno.
Cualquier respuesta a estas preguntas ser usada por el tribunal para decidir si ser puesto en
libertad o si permanecer encarcelado mientras est pendiente mi juicio y si tendr que participar en
programas de tratamiento, por ejemplo, por abuso de drogas o alcohol.
Las declaraciones que yo le d al Agente de Servicios Previos al Juicio durante el curso de las
funciones de esos servicios no podrn ser usadas en mi contra con respecto a la decisin de
culpabilidad en un procedimiento judicial penal. Cualquier informacin podra afectar la decisin
respecto a la aptitud para recibir la libertad previa al juicio.
Si hay fallo de culpabilidad, ya sea despus de un juicio o despus de haberme declarado
culpable, la informacin que yo le d al Agente de Servicios Previos al Juicio se pondr a la
disposicin del Agente de Libertad Condicional para los propsitos de investigar mis antecedentes
personales y para preparar un informe precondenatorio y esa informacin podra afectar mi sentencia.
S que tengo el derecho de hablar con un abogado antes de contestar cualquier pregunta. Si
no puedo costear los servicios de un abogado, se me asignar uno para que me represente durante el
interrogatorio.
He ledo este formulario o me lo han ledo y entiendo mis derechos.
_______________________
Fecha
_________________________________________
Firma del (de la) Acusado(a)
______________________
Hora
AM PM
__________________________________________
Firma del Agente de Servicios Previos al Juicio
Effective: December 1, 2002

Revised: March 21, 2007
CR 5A - 4
RULE CR-5B.
INITIAL APPEARANCE OF UNDOCUMENTED ALIEN DETAINED

AS MATERIAL WITNESS
(a)
Appearance. Upon the filing of an affidavit under 18 U.S.C. 3144 alleging that an
undocumented alien is a material witness, the witness must be brought before the court without
unnecessary delay.
(b)
Procedure. Upon presentation of an undocumented alien witness, the court must:
(1)
consider, with the assistance of pretrial services, whether the witness may be
released under 18 U.S.C. 3142, including release under an available community release
program; and
(2)
appoint counsel to represent the witness under the Criminal Justice Act, 18
U.S.C. 3006A, if the court determines that:
(A)
the witness is financially unable to retain counsel, and
(B)
the witness does not waive counsel.
(c)
Detention. If the witness is ordered detained, the detention must accord with the
provisions of Rule CR-15B.
Committee Note
Rule CR-5B is a new rule that prescribes procedures for initial appearances of undocumented aliens
detained as material witnesses. Because undocumented alien material witnesses are illegally in the
United States, the feasibility of their conditional release under 18 U.S.C. 3142 depends on the
continued cooperation of U.S. Pretrial Services Office, the U.S. Attorney, and the Department of
Homeland Security.
CR 5B - 1
RULE CR-6A.
THE GRAND JURY
Grand jurors' selection, qualification, summoning, and exemption or excuse from service are
governed by Appendix D.
Committee Note
The language of Rule CR-6A has been amended as part of the general restyling of the local criminal
the rules. These changes are intended to be stylistic only.
CR 6A - 1
RULE CR-6B.
(a)
divisions:
DIVISION IN WHICH INDICTMENT MAY BE PRESENTED AND

FILED.
In General. A case may be presented to a grand jury and may be filed in the following
(1)
any division in which the offense was committed, in whole or in part; or
(2)
with leave of the district judge supervising the grand jury before which the case
is presented, any division whose borders are contiguous to any division in which the offense
was committed, in whole or in part.
(b)
Multiple Offenses. A case involving multiple offenses committed in separate divisions
that are joined for indictment under Federal Rule of Criminal Procedure 8(a), may be presented to a
grand jury in, and may be filed in, any division in which any one of the joined offenses could be
presented and filed under subsection (a).
(c)
Multiple Defendants. A case involving multiple defendants who are joined under
Federal Rule of Criminal Procedure 8(b), may be presented to a grand jury in, and may be filed in, any
division in which any one of the joined defendants could be charged under subsection (a).
Committee Notes
1. Rule CR-6B is a new rule that prescribes procedures for presentment and filing of indictments in
divisions of the district. The rule allows, in certain circumstances, for an indictment to be presented
and filed in a division contiguous to the one in which the offense was committed.
2. Leave of the district judge under subsection (a)(2) will normally be sought only when indictment
in a division other than that in which the crime was committed is thought necessary to ensure a speedy
trial, to avoid prejudice against the defendant, or when doing so would be in the interest of justice.
The Committee contemplates that leave of the district judge will be documented in writing.
Prosecution in contiguous divisions is currently allowed in Appendix D, the Amended Plan for the
Random Selection of Grand and Petit Jurors in the Western District of Texas. Subsection (a)(2)
deviates from the procedures in Appendix D, which currently requires the approval of the chief judge.
CR 6B - 1
RULE CR-12.
PRETRIAL MOTIONS
(a)
Motion by Defendant. Unless otherwise ordered by the court, the defendant must file
any pretrial motion:
(1)
within 14 days after arraignment; or
(2)
if the defendant has waived arraignment, within 14 days after the latest
scheduled arraignment date.
(b)
Motion by the Government. Unless otherwise ordered by the Court, the government
must file any pretrial motion by the latest of the following dates:
(1)
within 14 days after receiving defendant's motions;
(2)
within 21 days after the arraignment; or
(3)
if the defendant has waived arraignment, within 21 days after the latest
scheduled arraignment date.
Committee Notes
2. The form of motions and responses, and the time for filing a response, are governed by CR-47.
3. Notwithstanding the preference in the Federal Rules of Criminal Procedure for case-specific
scheduling orders (see Committee Note, proposed amendment to Fed. R. Crim. P. 12(c)), the rule
retains the practice of setting motions deadlines by local rule, recognizing that the practice is suitable
for the vast majority of criminal cases filed in this district, and that the district court may set specific
deadlines different from the rule in appropriate cases.
(Rev: 12/17/09)
CR 12 - 1
RULE CR-15A.
DEPOSITION OF WITNESS OTHER THAN MATERIAL WITNESSES
(a)
Manner Taken. Except in the case of the deposition of a material witness, an oral
deposition ordered by the court under Federal Rule of Criminal Procedure 15, may be recorded
stenographically or on videotape if taken in accordance with the "Guidelines for Non-Stenographic
Deposition," set forth in Appendix I.
(b)
Stenographic Deposition. The original of a stenographic deposition must be delivered
to the party who sought the deposition after one of the following has occurred:
(1)
the deponent has signed the original deposition;
(2)
the deponent and all interested parties have waived on the record the signing
by the deponent; or
(3)
the stenographic reporter has certified that the deponent has failed to sign the
deposition after giving reasonable notice of the availability of the transcript to the deponent
and the deponent's attorney (if any).
(c)
Videotape Deposition. The original of a videotape deposition must be delivered to
the party who sought the deposition after one of the following has occurred:
(1)
(2)
writing; or
the deponent has reviewed the videotape and certified its accuracy; or
the deponent and all interested parties have waived review and certification in
(3)
the reporter has certified that the deponent has failed to sign an
acknowledgment of review of the deposition after giving reasonable notice of the availability
of the videotape to the deponent and the deponent's attorney (if any).
(d)
Custody. The party who sought to take a deposition must maintain custody of the
original transcript, or the original videotape deposition and certification, or any written waiver of
certification. That party must make the deposition available for appropriate use by any party in a
hearing or a trial of the case.
(e)
Material Witnesses. The deposition of a material witness is governed by CR-15B.

Committee Note
The language of Rule CR-15A has been amended as part of the general restyling of the local criminal
the rules. The rule has been revised to add procedures for the videotaping of depositions. The rule
does not govern the depositions of detained material witnesses, which is addressed by Rule CR-15B.
CR 15A - 1
RULE CR-15B.
(a)
DEPOSITION AND RELEASE OF MATERIAL WITNESS IN

CUSTODY
Scope.
(1)
This rule provides for the deposition and release of a material witness who:
(A)
is held pursuant to 18 U.S.C. 3144;
(B)
is found by the court to be an alien illegally in the United States; and
(C)
has not been released on conditions under 18 U.S.C. 3142.
(2)
This rule does not affect the determination whether a material witness should
be released under 18 U.S.C. 3142.
(b)
Deposition.
(1)
Entry and Service of Order.
(A)
Immediately after a material witness described in subsection (a) makes
his or her first appearance before the court, the officer must enter an order setting the
time and place for taking the deposition of the witness. No motion or notice is
required by either the witness or any party. The order must comply with Federal Rule
of Criminal Procedure 15. A form order is appended to this rule.
(B)
An order entered under subsection (b)(1)(A) will serve as the notice of
deposition required by Federal Rule of Criminal Procedure 15(b). The clerk of the
court must serve the order on counsel for all parties; on counsel for the material
witness; on an interpreter; and on the U.S. Marshals Service.
(2)
When Taken; Cancellation or Continuance.
(A)
The court must order that the deposition be taken not later than 35 days
after the witness first appeared before the officer.
(B)
The deposition may be continued or canceled only on order of the court.
If the government and the defendant or defendants reach an agreement disposing of
related criminal charges before the deposition is taken, they must notify the court,
which will then promptly determine whether to cancel or continue the deposition. The
deposition cannot be continued beyond the 45-day deadline for release of the witness
set out in subsection (c)(1).
(C)
Subject to a finding of additional exceptional circumstances under
Federal Rule of Criminal Procedure 15(a), the court must cancel the deposition if the
material witness is released on conditions of release before the scheduled date of the
deposition.
CR 15B - 1
(3)
Discovery. The parties must exchange all required discovery reasonably in
advance of the date of the deposition.
(4)
facility.
(5)
Location. Unless impracticable, the deposition should be taken in a court

Attendance.
(A)
All parties and persons served under subsection (b)(1)(B) of this rule
must attend the deposition, except that any defendant may waive attendance by filing
a written waiver before the date of the deposition, in accordance with Federal Rule of
Criminal Procedure 15(c)(1).
(B)
The U.S. Marshals Service must make available the witness and
defendant in its custody, at the time and place of the deposition ordered by the court.
(6)
How Taken. The deposition must be recorded by videotape. The U.S.
Attorney's Office must provide a videographer to record the deposition, and will bear the costs
and expenses of taking the deposition. Other expenses will be borne by the parties, except as
provided in Federal Rule of Criminal Procedure 15(d).
(7)
Review and Certification.
(A)
After the deposition is completed, the videotape recording must
immediately be played back in the presence of the witness, the interpreter, and all
parties attending the deposition, and their attorneys. Any corrections or modifications
to the deposition must be recorded on the same videotape used to record the
deposition, and should immediately follow the deposition on the recording.
(B)
The deposition must be certified consistent with Federal Rule of Civil
Procedure 30, except as otherwise provided by this rule or ordered by the court. It is
not required for certification that the videotape recording be transcribed.
(C)
The material witness and all interested parties may waive review and
certification in writing, in accordance with Rule CR-15.
(8)
Custody of Deposition. The government must maintain custody of the
videotape deposition and certification, or any waiver of certification. Upon request, the
government must provide a copy of the deposition to the witness or any defendant.
(9)
Use as Evidence. The use and admissibility of the deposition are governed by
Federal Rule of Criminal Procedure 15, the Federal Rules of Evidence, and applicable court
precedent. The presiding judge should rule on any objections to the deposition at or before
trial. Nothing in this rule relieves the proponent's burden of demonstrating the unavailability
of the material witness under Federal Rule of Evidence 804(a).
CR 15B - 2
(c)
Release.
(1)
Mandatory Deadline for Release. A material witness described in subsection
(a) must be ordered released from the custody of the U.S. Marshals Service by the first to occur
of the following deadlines:
(A)
within 24 hours of the taking, and the certification or waiver of
certification, of the witness' deposition; or
(B)
within 45 days of the witness' first appearance before a court.
(2)
Earlier Release. If the deposition is canceled under subsection (b)(2)(B), the
court should determine promptly whether to order the release of the material witness from U.S.
Marshals Service custody.
Committee Notes
1. Rule CR-15B is a new rule that prescribes procedures for deposing and releasing material witnesses
in custody. The Committee notes that there is a conflict between Appendix I and CR-15B in that the
appendix, which likely was drafted with civil depositions in mind, imposes the cost of copies on the
party seeking the copy whereas CR-15B requires the government to furnish copies to the witness and
defendant upon request. This conflict is addressed by language on the form order.
2. Notwithstanding subsection (b)(2)(B), the court may continue the deposition for "good cause." See
Rule CR-1(e).
3. Subsection (b)(3) does not provide for discovery other than that ordered by the court. The
Committee contemplates that the parties will exchange information as would be required as if the
witness were testifying at trial, including discovery required by Fed. R. Crim. P. 15(e), Fed. R. Crim.
P. 16, and Fed. R. Crim. P. 26.2; statements covered by the Jencks Act, 18 U.S.C. 3500; and
impeachment information under Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194 (1963), and Giglio
v. United States, 405 U.S. 150, 92 S. Ct. 763 (1972).
4. The use of an interpreter should accord with 28 U.S.C. 1827 and applicable directives of the
Administrative Office of the U.S. Courts. The government bears the burden of providing an interpreter
for the deposition.
5. The rule does not require a written transcript of the deposition but leaves to the court and the parties
to determine whether a written transcript is necessary in any given case. The Committee notes that,
unlike the U.S. Attorney and the Federal Public Defender, private counsel appointed under the Criminal
Justice Act, 18 U.S.C. 3006A, cannot obtain a written transcript without a court order. See 28 U.S.C.
1915(c). The proposed order appended to the rule provides that a Criminal Justice Act panel attorney
may request a written transcript.
CR 15B - 3
Appendix to Local Court Rule CR-15B

SAN ANTONIO DIVISION
UNITED STATES OF AMERICA,

Plaintiff,
v.
,
Defendant(s).
CRIMINAL NO. __-__ -CR-__
ORDER SETTING MATERIAL WITNESS DEPOSITION

Before the Court is the matter of the taking of the deposition of material witnesses in the
above-styled and numbered cause. The Court finds that ________ (names of material witnesses)
are aliens not lawfully admitted to the United States, that they are material witnesses in the case
styled United States v. (Name of Defendant, cause no.), being held pursuant to 18 U.S.C. 3144,
and that they have not been released on conditions pursuant to 18 U.S.C. 3142. As such, the
Court finds that this case presents "exceptional circumstances" and that the "interest of justice"
requires the taking of the deposition of the material witnesses. Rule 15(a), Fed.R.Crim.P. The
Court further finds that there will be no failure of justice if the material witnesses are released after
their depositions have been taken and certified in accordance with 18 U.S.C. 3144 and Local
Court Rule CR-15B.
IT IS THEREFORE ORDERED that the depositions of _______(names of material
witnesses) are set for ____(date and time) at _______(place).
IT IS FURTHER ORDERED that the depositions shall be recorded by videotape. The
videotape must provide an electronic sound recording which is sufficient to comply with 28 U.S.C.
1827(d)(2). They also may be recorded by stenographic means at the party's own expense.
Notwithstanding the foregoing, subsequent to the completion of the deposition, a CJA panel
attorney may request that a stenographic transcript of all or part of a deposition. Each deposition
shall be certified consistent with Rule 30, Fed.R.Civ.P. and Local Rule CR-15B, and shall be
accomplished by the immediate playback of the videotape recording in the presence of the material
witness, the interpreter, all parties attending the deposition, and their attorneys. Any corrections or
modifications to the deposition shall be recorded on the same videotape, following the recording of
the deposition. Playback of the recording and certification may be waived in writing in accordance
with Local Rule CR-15A. The government shall retain custody of the videotape depositions and
written statements of certification or waiver of certification pending trial. Notwithstanding
Appendix I to the Local Rules, the government shall, upon request, promptly provide to any
defendant, material witness or counsel, copies of the videotape deposition and written statements of
certification or waivers of certification.

IT IS FURTHER ORDERED that the Clerk of the Court shall serve a copy of this order on
the following: All defendants, counsel for defendants, the material witnesses, counsel for the
material witnesses, counsel for the government, an interpreter, and the United States Marshals
Service.
IT IS FURTHER ORDERED that the United States Marshals Service shall make the named
witnesses and defendants in their custody available on the date, time and place in conformity with
this order. If any defendant desires to waive appearance, that defendant must file a written waiver
with the Clerk of the Court prior to the date of the deposition.
IT IS FURTHER ORDERED that within 24 hours after the deposition and certification or
waiver have been completed, the material witness shall be brought before the court for release from
the custody of the U.S. Marshals Service.
CR 15B - 5
RULE CR-16.
(a)
DISCOVERY AND INSPECTION.
Discovery Conference and Agreement.
(1)
The parties need not make standard discovery requests, motions, or
responses if, not later than the deadline for filing pretrial motions (or as otherwise
authorized by the court), they confer, attempt to agree on procedures for pretrial discovery,
and sign and file a copy of the Disclosure Agreement Checklist appended to this rule.
(2)
If the Disclosure Agreement Checklist indicates that a party intends to
disclose, but does not currently possess, certain listed information, that party must disclose
the information as soon as practicable.
(3)
If the Disclosure Agreement Checklist indicates that a party refuses to
disclose information, the other party may file motions regarding the undisclosed
information within 14 days after filing of the checklist.
(4)
Filing of the Disclosure Agreement Checklist does not preclude a party from
filing motions relating to information not listed in the checklist.
(b)
Timing of Discovery.
(1)
Discovery deadlines. Unless otherwise ordered by the court, or agreed to by
the parties in writing:
(A)
The parties must provide discovery in connection with pretrial
release or detention not later than the commencement of a hearing on pretrial
release or detention;
(B)
The parties must provide discovery in connection with a pretrial
hearing, other than a pretrial release or detention hearing, not later than 48 hours
before the hearing; and
(C)
The parties must provide discovery in connection with trial, whether
agreed to by the parties or otherwise required, not later than:
(i) 14 days after arraignment; or
(ii) if the defendant has waived arraignment, within 14 days after
the latest scheduled arraignment date.
(2)
Earlier disclosure. The court encourages prompt disclosure, including
disclosure before the deadlines set out in this rule.
(3)
Disclosure after motions deadline. The disclosure of information after the
expiration of a motions deadline usually provides good cause for an extension of time to
file motions based on that information.
(Rev: 12/17/09)
CR 16 - 1
(4)
Continuing duty to disclose. The parties have a continuing duty to
disclose promptly to opposing counsel all newly discovered information the party is
required to disclose, or has agreed to disclose in the Disclosure Agreement Checklist.
(c)
Late Disclosure.
(1)
The late disclosure of material information under this rule is not usually a
ground for exclusion of evidence, unless:
(A)
the information was within the party's possession, custody or
control, and its existence was known, or by the exercise of due diligence could
have been known, to the party's attorney; and
(B)
the party's attorney has not made good faith efforts to obtain and
disclose the information on time.
(2)
If not excluded under subsection (c)(1), material information that is not
timely disclosed usually provides good cause for:
(A)
extending the time to file a motion or notice, or to request a hearing,
based on the late-disclosed information;
(B)
extending a deadline for reaching a plea-bargain agreement; and
(C)
continuing the trial setting.

Committee Notes
1. Subsection (a) and the appended checklist provide a formal means by which the parties can, by
agreement, regulate their discovery practice. This is not intended to preclude other agreed
discovery methods (such as the open-file discovery regularly practiced in some divisions).
2. Subsection (c) deals with the problem of late-disclosed discovery. The rule recognizes that,
when late disclosure of evidence is done in good faith, it should not usually provide grounds for
excluding the evidence, but usually does provide cause for a continuance or other extension of
time. Subsection (c) is not intended to limit the court's discretion under Federal Rule of Criminal
Procedure 16(d).
3. The disclosure agreement checklist appended to the rule does not include specific reference to
confidential informants. There are some cases in which an "informant" category on the checklist
would not capture the unique circumstances regarding cooperating individuals; in those cases, any
reference to informants on the checklist could be prejudicial to the Government, or misleading to
the defense. Nevertheless, the identity and location of informants are important, recurring
discovery issues. Subsection (a)(4) allows the defense to file discovery motions regarding
informants; alternatively, the parties may address the issue in the "other matters" section of the
checklist. If the checklist indicates that the Government refuses to disclose information regarding
an informant, subsection (a)(3) would provide the defendant additional time to file a motion for
disclosure.
CR 16 - 2
UNITED STATES v.
CRIMINAL NO.
PARTIES DISCLOSURE AGREEMENT CHECKLIST
D isclosed
G ovt
D ef
W ill D isclose
U pon R eceipt
G ovt
D ef
R efuse to
D isclose
G ovt
D ef
N ot A pplicable
G ovt
C om m ents
D ef
Police/A gent R eports

R ule 12(d)(2) m aterial
Intercepted
com m unications
(18 U .S.C . 2510,
consensual)
R ule 16 m aterial:
D efendant statem ent
D efendant record
D ocum ents
T angible O bjects
E xam ination/test
reports
E xperts
FR E 404(b) m aterial
Im m igration file
E yew itness ID (lineup
show up, photo spread)
E xculpatory m aterial
(B rady)
Im peachm ent m aterial
(G iglio, N apue, FR E
608, 609)
W itness L ist
W itness Statem ents
(R ule 26.2 18 U .S.C .
3500)
G uideline calculation
m aterial (U .S.S.G .
6B 1.2)
O ther m atters:
DEFENDANTS ATTORNEY
DATE
ASSISTANT U.S. ATTORNEY
CR 16 - 3
DATE
RULE CR-17.1
MARKING EXHIBITS
A party must mark any exhibit it offers at a trial or hearing in accordance with Rule CV-16(g).
Committee Notes
1. Rule CR-17.1 is a new rule, consisting of the substance of former Rule CR-55(b), renumbered as
Rule CR-17.1, to conform more closely to the organizational structure of the Federal Rules of Criminal
Procedure. The language of Rule CR-17.1 has been amended as part of the general restyling of the
local criminal rules to make them more easily understood and to make style and terminology consistent
throughout the rules. The changes are intended to be stylistic only, except as noted below.
2. The rule extends the requirement to premark exhibits to hearings as well as trials, to reflect current
practice.
CR 17.1 - 1
RULE CR-18.
(a)
PLACE OF TRIAL WITHIN DISTRICT
Division in Which Prosecution and Trial May Occur.
(1)
Unless a statute, other rule, or court order requires otherwise, the government
may prosecute a case in any division in the district in which the offense was committed, in
whole or in part.
(2)
The court may fix trial in:
(A)
any division within the district consistent with Federal Rule of Criminal
Procedure 18; or
(B)
any other division within the district, if the court is satisfied that there
exists in the division where the prosecution is pending so great a prejudice against the
defendant that the defendant cannot obtain a fair and impartial trial.
(b)
Multiple Offenses. In cases involving multiple offenses joined for trial under Federal
Rule of Criminal Procedure 8(a), the court may fix the place of trial in any division in which any one
of the joined offenses may be tried.
(c)
Multiple Defendants. In cases involving multiple defendants joined for trial under
Federal Rule of Criminal Procedure 8(b), the court may fix the place of trial in any division in which
any one of the joined defendants may be tried.
Committee Notes
1. Rule CR-18 is a new rule that prescribes procedures for fixing the place of trial within the district.
2. Subsection (a)(2) does not limit the court's duty or discretion to transfer a proceeding to another
district, as provided by Fed. R. Crim. P. 21(a). Subsection (a)(2)(B) is intended to clarify a specific
circumstance in which transfer to another division may be required for the "prompt administration of
justice" provided by Fed. R. Crim. P. 18.
3. Subsections (b) and (c) are not intended to affect or limit the court's discretion to sever as provided
by Fed. R. Crim. P. 14.
4. The Committee contemplates that when a case is assigned for trial in another division, the clerk will
cause the case to be assigned to a district judge in the transferee division in accordance with the plan
for the random assignment of cases, unless the transferring judge orders that he or she will continue
to handle the case after transfer.
CR 18 - 1
RULE CR-24.
(a)
TRIAL JURORS
Selecting Trial Jurors.
(1)
Trial jurors' selection, qualification, summoning, and exemption or excuse from
service are governed by Appendix D.
(2)
To assist the court in selecting a jury, each prospective juror must complete the
juror information form set out in Appendix D-1.
(b)
oath:
Bailiff's Oath.
The bailiff, or other special officer appointed to attend upon a jury, must take the following
"You solemnly swear that you will keep this jury during their retirement, in some
convenient place removed from the presence of other persons; that you will not, without leave
of the Court, suffer any person to speak to them; that you will not without such leave, hold or
have any communication with them yourself, except to ascertain whether they have agreed
upon their verdict and to attend to their needs; and that you will well and faithfully discharge
your duties as bailiff. So help you God."
Committee Notes
the rules. These changes are intended to be stylistic only.
2. Subsection (a) of the restyled rule deletes as unnecessary the reference to the statute and the title
of the Plan of Implementation.
3. The revised rule removes the reference to the clerk administering the oath and changed the text of
the oath only to reflect that the bailiff shall attend to the "needs" of the jurors, without further
specification.
CR 24 - 1
RULE CR-32.
SENTENCE AND JUDGMENT
(a)
Time of Sentencing. Except for good cause, the court should sentence the defendant
within 60 days after the date of the verdict or entry of guilty plea.
(b)
Time Limits Regarding the Presentence Report. If the defendant and the government
waive the time limits under Federal Rule of Criminal Procedure 32, the following time limits apply.
(1)
Disclosing the Report. The probation officer must give the presentence report
to the defendant, the defendant's attorney, and the attorney for the government at least 24 days
before sentencing. Delivery of an extra copy of the presentence report to the defendant's
attorney constitutes giving the report to the defendant.
(2)
Reviewing the Report. Within 10 days after the presentence report is given, the
attorney for the defendant must certify to the probation officer that the defendant has reviewed
the presentence report and consulted with the attorney regarding the report.
(3)
Objecting to the Report. Within 10 days after the presentence report is given,
the parties must state in writing any objections to the report.
(4)
Acting on Objections. Within 10 days after receiving objections, the probation
officer may meet with the parties to discuss the objections, investigate further, and revise the
presentence report as appropriate.
(5)
Submitting the Report. At least 4 days before sentencing, the probation officer
must submit the presentence report, any revision to the report, and any addendum to the court
and the parties.
(c)
Changing Time Limits. The court may, for good cause, change any time limit
prescribed in subsection (b), except that the time limit for objecting to the presentence report may be
shortened only with the consent of the defendant, the defendant's attorney, and the attorney for the
government.
(d)
Sentencing. At sentencing, the court may:
(1)
imposed;
allow a party, for good cause, to make a new objection before sentence is
(2)
accept the presentence report as accurate, except with regard to any unresolved
objection; and
(3)
in resolving an objection, consider any reliable information presented by the
probation officer, the defendant, or the government.
(Rev: 12/17/09)
CR 32 - 1
(e)
Post-Sentencing Disclosures.
(1)
Presentence Report. After sentencing, the presentence report and its contents
must remain confidential, except that the probation officer may disclose the presentence report
or its contents to:
(A)
the U.S. Sentencing Commission;
(B)
the U.S. Parole Commission;
(C)
the U.S. Pretrial Services Office;
(D)
another U.S. Court;
(E)
the Federal Bureau of Prisons, if a term of imprisonment is imposed; or
(F)
any person as ordered by the court.
(2)
Confidential Sentencing Recommendation. Except as ordered by the sentencing
judge, the probation officer's confidential sentencing recommendation must not be disclosed.
Committee Notes
2. Subsection (a) extends the usual time for sentencing after a finding of guilt from 45 days to 60 days.
The U.S. Probation Office indicates that a 60-day time frame would better reflect current practice
across the district. The subsection also adds a "good cause" proviso, expressly allowing for variation
from the 60-day practice.
3. Subsection (b)(3) deletes the former rule's reference to what must be included in the objections to
the presentence report. This matter is covered by subsection (f)(1) of the restyled version of Fed. R.
Crim. P. 32.
4. Subsection (b)(5) deletes the former rule's reference to what must be included in the addendum to
the presentence report. This matter is covered by subsection (g) of the restyled version of Fed. R. Crim.
P. 32.
5. Subsections (d)(1) and (d)(2) are taken from the former rule; they are substantially the same as
subsections (h)(1)(D) and (h)(3)(A) of the restyled version of Fed. R. Crim. P. 32.
6. Subsection (e) deletes the former rule's prohibition on disclosing the presentence report to an
inmate, instead providing generally that the presentence report remains confidential. Under subsection
(e)(1)(F), any court of the district can order disclosure of a presentence report; under subsection (e)(2),
by contrast, only the sentencing judge may order disclosure of the probation officer's confidential
sentencing recommendation.
CR 32 - 2
RULE CR-45.
COMPUTING TIME.
In computing any time period in any criminal case, the provisions of Rule 45, Federal Rules
of Criminal Procedure (as amended effective December 1, 2009) shall be applied.
(New: 12/17/09)
CR 45 - 1
RULE CR-46.
RELEASE FROM CUSTODY; REPORTS OF DETAINED MATERIAL

WITNESSES.
(a)
Management By Pretrial Services Officers of Defendants Working As Informants.
The following procedures apply to a defendant under supervision of pretrial services working as an
informant for a law enforcement agency:
(1)
The law enforcement agency using a defendant as an informant must promptly
notify the defendant's pretrial services officer.
(2)
The pretrial services officer must provide the law enforcement agency a copy
of the defendant's conditions of release and the pretrial services officer's intended supervision
activities.
(3)
The law enforcement agency must advise the pretrial services officer of any
requirements of the investigation that will affect supervision activities or require a change in
the conditions of release.
(4)
The law enforcement agency must inform the pretrial services officer of any
violations by the defendant of any conditions of release.
(b)
Reports of Detained Material Witnesses.
(1)
Government Report. Unless otherwise ordered by the court, government
reports regarding detained witnesses under Federal Rule of Criminal Procedure 46(h) must be
sent to:
(A)
the judge presiding over the case in which the detainee is a witness;
(B)
the judge who ordered the witness detained; and
(C)
the Pretrial Services Office.
(2)
Pretrial Services Office Recommendation. Unless otherwise ordered by the
court, the Pretrial Services Office, within 7 days of receiving a government report regarding
detained witnesses, must provide a recommendation as to each witness's continued detention
or release. The recommendation must be provided to:
(A)
the judge presiding over the case in which the detainee is a witness;
(B)
the judge who ordered the witness detained; and
(C)
if the Pretrial Services Office recommends a change in status, the
attorneys for the detainee and for the parties to the case in which the detainee is a
witness.
CR 46 - 1
Committee Note
1. Rule CR-46 is a new rule that prescribes procedures for release from custody of informants and for
making reports on detained material witnesses.
2. Subsection (a) incorporates into the local rules the terms of the July 18, 1995 Standing Order
Regarding Management by Pretrial Services Officers of Defendants who are Confidential Informants.
3. Disclosure of a recommendation for change of status under (b)(2)(C) does not require that the basis
for the recommendation be disclosed.
CR 46 - 2
RULE CR-47.
(a)
MOTIONS AND RESPONSES
Requirements. When filing a motion or response, a party must:

(1)
cite the legal authority upon which the party relies; and
(2)
submit a proposed order stating the relief the party seeks.
(b)
Time for Filing Response. If a party opposes a motion, the party must file its response
with the clerk and serve a copy on all parties within 11 days of service of the motion.
Committee Notes
1. Rule 47 is a new rule consisting of portions of the substance of former CR-12, renumbered as CR47 to conform more closely to the organizational structure of the Federal Rules of Criminal Procedure
and to make it clear that the requirements apply to all motions and responses and not only pretrial
motions and responses. These changes are intended to be stylistic only, except as noted below.
2. The rule requires the submission of a proposed order with motions and responses.
(Rev: 12/17/09)
CR 47 - 1
RULE CR-49.
SERVING AND FILING DOCUMENTS
(a)
Filing and Service Requirements. RULE CV-5 of the Local Court Rules of the United
States District Court for the Western District of Texas is applicable to criminal cases.
(b)
Format of Documents.
(1)
Any document presented to the clerk for filing must:
(A)
be typed or printed, double-spaced, without erasures or interlineation
materially defacing it, and, if by traditional filing, on 8 by 11 inch paper;
(B)
be endorsed with the style of the case and the descriptive name of the
pleading or document; and
(C)
contain either:
(i) the mailing address, signature, state bar card number and telephone
and fax numbers (including area code) of the attorney, if filed by an attorney;
or
(ii)
the mailing address, signature, and telephone number (including
area code) of the pro se party, if filed pro se.
(2)
Any proposed order submitted with a traditionally filed document must be
completely separate from any other paper or document.
(c)
Nonconforming Documents. The clerk must file any document not conforming to this
rule and advise the court of the violation of the rule.
CR 49 - 1
RULE CR-55.
(a)
REMOVAL OF RECORDS AND EXHIBITS
Records.
(1)
Except upon approval of the court, no record or paper in court files may be
removed from the clerk.
(2)
A party removing any record or paper must provide the clerk a receipt signed
by the party or the party's attorney reflecting each record or paper removed from the clerk.
(b)
Exhibits.
(1)
Removal After Final Disposition. Within 60 days after final disposition of the
case, including appeal, and denial of, or expiration of the time in which to file, a petition for
writ of certiorari in the U.S. Supreme Court, the party who offered an exhibit must remove it
from the clerk.
(2)
Failure to Remove. Failure to remove any exhibit within 60 days of final
disposition of the case may result in the clerk destroying or otherwise disposing of the exhibit.
Committee Notes
2. "Final disposition" has been clarified in subsection (b)(2) to include exhaustion of the pursuit of,
or expiration of the time for seeking relief in the Supreme Court. This definition of final disposition
is consistent with the interpretation of the one-year limitation applicable to a judgment of conviction
becoming final for purposes of seeking post-conviction relief pursuant to 28 U.S.C. 2255. See United
States v. Gamble, 208 F.3d 536 (5th Cir. 2000).
3. The requirement that the receipt evidencing return of exhibits be signed by the party or attorney
reflects current practice.
4. Former Rule CR-55(b) has been restyled as Rule CR-17.1 to conform more closely to the
organizational structure of the Federal Rules of Criminal Procedure.
5. As a matter of practice exhibits often are removed by the parties immediately after trial. The clerk's
policy and practice are set out in the Clerk's Guidelines for Handling Exhibits, which may be found at
the Western District of Texas website at www.txwd.uscourts.gov.
CR 55 - 1
RULE CR-58.
(a)
PROCEEDINGS BEFORE MAGISTRATE JUDGES
Authority of Magistrate Judges.
(1)
The magistrate judges of this district are authorized to perform all duties
assignable to magistrate judges as set forth in 28 U.S.C. 636.
(2)
The magistrate judges of this district are specially designated to exercise
jurisdiction over misdemeanor offenses as provided by 18 U.S.C. 3401.
(3)
Proceedings before the magistrate judges are governed by the "Local Rules for
the Assignment of Duties to United States Magistrate Judges," set forth in Appendix C.
(b)
Paying a Fixed Sum in Lieu of Appearance.
(1)
Waiver of Appearance and Forfeiture of Collateral. Unless otherwise
ordered by a magistrate judge, a person charged with a petty offense as defined in 18 U.S.C.
19, and listed in subsection (b)(2), may, in lieu of appearance:
(A)
post collateral in the amount indicated for the offense;
(B)
waive appearance before the magistrate judge; and
(C)
consent to forfeiture of collateral.
(2)
Offenses Subject to Forfeiture in Lieu of Appearance. The offenses for which
collateral may be posted and forfeited in lieu of appearance by the person charged, together
with the amounts of collateral to be posted, are identified in the exhibits referred to below,
copies of which are available in the office of the clerk in each division of this court
(A)
any petty offense listed in the schedule of offenses designated as
Exhibit A, occurring on a U. S. Military Installation within the Western District of
Texas;
(B)
any violation listed in Exhibit B, and set forth in Title 36, Code of
Federal Regulations, Chapters 2-5, occurring in a National Park or National Recreation
area situated within the Western District of Texas;
(C)
any violation of Fish and Wildlife laws listed in Exhibit C, and set forth
in16 U.S.C. 703, 16 U.S.C. 718a, 16 U.S.C. 851- 856, 18 U.S.C. 41, 42, 44
and Parts 10 and 16 of Title 50, Code of Federal Regulations, occurring within the
Western District of Texas;
(D)
any petty offense listed in the schedule of offenses designated as
Exhibit D, involving the public use of Veterans Administration properties, occurring
within the Western District of Texas;
CR 58 - 1
(E)
any violation of Title 36, Code of Federal Regulations, Chapter III, Part
327, (Corps of Engineers), listed in Exhibit E, occurring within the Western District
of Texas;
(F)
any petty offense listed in Exhibit F, set forth in 40 U.S.C. 318 and
Title 41, Code of Federal Regulations, Chapter 101, occurring on General Services
Administration property within the Western District of Texas;
(G)
any petty offense listed in Exhibit G, set forth in 16 U.S.C. 433, 460,
670, 18 U.S.C. 1361, 1852, 1853, 1856, 1857, 1858, 43 U.S.C. 1061 and Title 43,
Code of Federal Regulations, occurring on Bureau of Land Management property
within the Western District of Texas; and
(H)
any petty offense listed in Exhibit H, set forth in 39 U.S.C. 401 and
Title 39, Code of Federal Regulations, as made available to the United States Postal
Service by Title VI of Public Law 93-143, State. 525, occurring on Postal Service
property within the Western District of Texas;
(I)
any petty offense listed in Exhibit I, set forth in Title 32, Code of
Federal Regulations, occurring on National Security Agency property within the
Western District of Texas.
(3)
Punishment Other than Forfeiture of Collateral. If a person charged with an
offense described in subsection (b)(2) fails to post and forfeit collateral, any punishment,
including fine, imprisonment, or probation, may be imposed within the limits established by
law upon conviction.
(4)
Other Offenses. A person charged with a petty offense which is not listed in
subsection (b)(2) must appear before a magistrate judge.
(5)
Arrest and Appearance Before Magistrate Judge. Nothing contained in this
rule prohibits a law enforcement officer from:
rule; or
(A)
arresting a person for the commission of any offense covered by this
(B)
requiring the person arrested or charged for any offense covered by this
rule to appear before a magistrate judge.
(6)
Special Assessment. The collateral amounts set forth in Exhibits A through I
include any special assessment required by 18 U.S.C. 3013.
CR 58 - 2
Committee Notes
1. Rule CR-58 is a new rule, consisting of the substance of former Rules CR-1(f) and CR-61. The
language of Rule CR-58 has been amended as part of the general restyling of the local criminal rules
to make them more easily understood and to make style and terminology consistent throughout the
rules. The changes are intended to be stylistic only.
2. Subsections (b)(2)(F) and (b)(2)(H) correspond to subsection (a)(6) of former Rule CR-61 and
conform to the separate schedules of collateral currently on file as Exhibits F and H. Exhibits A
through H are also available on the Western District of Texas website at www.txwd.uscourts.gov in
the Local Rules area.
CR 58 - 3
EXHIBIT B
EXHIBIT C
FORFEITURE OF COLLATERAL SCHEDULE
UNITED STATES FISH AND WILDLIFE SERVICE
NOTE: Due to increased liability and potential severity for environmental degradation posed by
commercial and organized activities, collateral amounts for violations listed herein shall be
doubled for corporations, businesses, partnerships, hunt clubs, and other organizations
committing such violations (18 USC 3571 (c) - Fines For Organizations).
Value= the current established replacement value of animals or plants listed in Appendix A.
Item= per specimen
General Fish & Wildlife Regulations
(16 USC 704; 16 USC 668a; 16 USC 1538(d); 16 USC 3373)
50 CFR 13: General Permit Procedures
Section
Number
Offense
13.1 thru
General violation of permit requirements
13.29
Collateral
150.00
13.41
Failure to maintain humane and healthful conditions for

live wildlife
250.00
13.42
Violation of terms/conditions set forth in permit
250.00
13.43
Alteration of permit
500.00
13.44
Failure to display permit upon request
150.00
13.45
Failure to file reports as required
150.00
13.46
Failure to maintain records as required
250.00
13.47
Failure to permit premise inspection
500.00
13.48
Failure to comply with conditions of permit
250.00
13.49
Failure to surrender permit upon suspension or revocation
250.00
13.50
Failure to assume liability and responsibility for the conduct

of any activity conducted under the authority of permit
250.00
Rev. 07/08
W. Dist. Texas
General Regulations for Importation, Exportation & Transportation of Wildlife

(16 USC 3371, 16 USC 1538)
50 CFR 14: Import, Export & Transportation Regulations
Section
Offense
Number
14.11
Import or export wildlife at a non-designated
port
Collateral
500.00
14.14(b)
Knowingly unload intransit shipment in U.S.
1000.00
Section
Number
14.32
& 14.33
Offense
Violation of non-designated port permit
conditions
Collateral
300.00
14.51
Refusal to allow detention/inspection of

wildlife
1000.00
14.52
Failure to obtain FWS clearance prior to

release from U.S. Customs
500.00
14.61 thru
14.63
Failure to file completed declaration as

required
500.00
14.81
Ship wildlife in interstate commerce without

marked containers
350.00
14.82
Ship in interstate or foreign commerce without

complying with marking requirements or
alternatives
250.00
14.91
Engage in business as importer/exporter of

wildlife without obtaining import/export license
500.00
Rev. 07/08
W. Dist. Texas
50 CFR 14: Humane and Healthful Transport of Wild Mammals and Birds to the U.S.
Section
Number
Offense
Collateral
14.103
Import, transport, cause or permit transport
500.00 + value
to the U.S. any wild mammal or bird in
violation of Humane Transport Regulations
14.104
Failure to provide English translation for any

required certificate/document
150.00
14.105
Unauthorized acceptance by carrier of any wild

mammal or bird for transport to the U.S.
500.00 + value
14.106
Failure by carrier to require proper primary

enclosures for transport to U.S.
250.00 + value
14.107
Improper animal cargo space of a conveyance
500.00 + value
14.108
Violation by carrier of food/water requirements
250.00 + value
14.109(b)
Improper ambient air temperature and ventilation

provided by holding area, transporting device,
conveyance or terminal facility
350.00 + value
14.110
Improper or lack of animal holding area
500.00
14.111
Violation of handling requirements
250.00 + value
14.121
thru
14.172
Violation of primary enclosure specifications
500.00 + value
16 USC 4901-4916
Wild Bird Conservation Act of 1992
Statute:
Offense
16 USC 4901 et seq.
(50 CFR 15) Violate any regulations, prohibitions, or regulations
of Act relating to the import of any exotic bird...
Non-commercial
Commercial
Rev. 07/08
Collateral
500.00 + value
1,000.00 + value
W. Dist. Texas
18 USC 42
Lacey Act
Statute:
18 USC 42(c)
Offense
Collateral
Importation of wildlife under inhumane or

unhealthful conditions
50 CFR 16: Regulations for the Importation or Shipment of Injurious Species

Section
Number
Offense
16.3 thru
Unauthorized import, transport, acquire or
16.13(a)
release of prohibited species or their progeny
250.00 + value
Collateral
500.00 +
25.00/item
16.13(b)(1)
Import live/dead or eggs of salmonid of the

family Salmonidae which are not accompanied by
the required disease-free health certificate
500.00 +
25.00/fish
16.14
& 16.15
Release of imported live wild amphibians/

reptiles or progeny or eggs thereof to the
wild without authorization
500.00 +
25.00/item
16.22(b)(1)
Failure to properly confine injurious species
500.00 +
25.00/item
16.22(b)(2)
Transfer of injurious species to unauthorized

person
500.00 +
25.00/item
16 USC 3371-3778
Lacey Act Amendments of 1981
Statute:
Offense
16 USC 3372(a)
(1) to import, export, transport, sell, receive, acquire, or
purchase any fish/wildlife/plant taken, possessed, transported
or sold in violation of any law/treaty/regulation of the U.S.
or in violation of any Indian Tribal Law.
(2) to import, export, transport, sell, receive, acquire, or
purchase in interstate commerce or foreign commerce(A) any fish/wildlife taken, possessed, transported, or
sold in violation of any law/regulation of any State or
Rev. 07/08
W. Dist. Texas
in violation of any foreign law, or

(B) any plant taken, possessed, transported, or sold,
in violation of any law or regulation of any State
(3) within the special maritime and territorial jurisdiction of
of the United States (A) to possess any fish/wildlife taken, possessed,
transported, or sold in violation of any law or
regulation of any state, or in violation of any foreign
law or Indian Tribal law, or
(B) to possess any plant taken, possessed, transported,
or sold in violation of any law or regulation of any
State.
Fish............. 250.00 + value
Small game.... 250.00 + value
Bird............. 500.00 + value
Reptile.......... 250.00 + value
Other........... 250.00 + value
Big Game...... 1,000.00 + value

Furbearer....... 250.00 + value
Plant.............. 250.00 + value
Amphibian.... 250.00 + value
Statute
Offense
16 USC 3372(a)(4)
Attempt to commit any act described in 3372(a)
paragraphs (1) through (4)
Collateral
Same as defined
offense
16 USC 3372(c)
(1) it is deemed a sale of fish/wildlife in violation of this chapter
for a person for money or other consideration to offer or provide
(A) guiding, outfitting, or other services; or
(B) a hunting or fishing license or permit;
for the illegal taking, acquiring, receiving, transporting, or
possessing of fish or wildlife
500.00 + value
16 USC 3372(c)
(2) it is deemed to be a purchase of fish/wildlife in violation of this
chapter for a person to obtain for money or other consideration(A) guiding, outfitting, or other services; or
(B) a hunting or fishing license or permit;
for the illegal taking, acquiring, receiving, transporting, or
possessing of fish or wildlife
500.00 + value
16 USC 3372(d)
Unlawful for any person to make or submit any false record,
account, or label for, or any false identification of, any fish,
wildlife, or plant which has been, or is intended to beRev. 07/08
W. Dist. Texas
(1) imported, exported, transported, sold, purchased,

or received from any foreign country; or
(2) transported in interstate or foreign commerce
Fish............. 250.00 + value
Small game.... 250.00 + value
Bird............. 500.00 + value
Reptile.......... 250.00 + value
Other........... 250.00 + value
Big Game...... 1,000.00 + value

Furbearer....... 250.00 + value
Plant.............. 250.00 + value
Amphibian.... 250.00 + value
16 USC 1538
Endangered Species Act
Statute:
Offense
16 USC 1538(a)(1)(A) thru 16 USC 1538(a)(1)(G)
Import or export any endangered species; take
within the U.S. or territorial seas of the U.S.;
take upon the high seas; deliver, carry, transport,
or ship in interstate commerce in the course of a
commercial activity; sell in interstate or foreign
commerce
16 USC 1538(a)(2)(A) thru 16 USC 1538(a)(2)(D)
Import or export any endangered plant; take
within the U.S. or territorial seas of the U.S.;
take upon the high seas; deliver, carry, transport,
or ship in interstate commerce in the course of a
commercial activity; sell in interstate or foreign
commerce
Collateral
1,000.00 + value
500.00 + value
50 CFR 17: Regulations pertaining to Endangered Wildlife

Section
Offense
Number
17.21
General Endangered Species prohibitions:
(a)(b)(d)
Attempt, solicit, cause; import, export; possess,
transport unlawfully taken wildlife
Collateral
500.00 + value
Section
Number
17.21
(c)(e)(f)
Offense
Take; Sell; Transport; Interstate or Foreign
Commerce
Collateral
1000.00 + value
17.21(g)
Captive-bred wildlife violations
350.00 +
50.00/animal
Rev. 07/08
W. Dist. Texas
Statute:
17.22 thru
17.23
Offense
Endangered species permit violations
50 CFR 17: Regulations pertaining to Threatened Wildlife

Section
Number
Offense
17.31
Violate threatened wildlife prohibitions
17.40 thru
17.47
Violate special regulations pertaining to threatened

wildlife
50 CFR 17: Regulations pertaining to Endangered Plants

Section
Number
Offense
17.61
Violation of Endangered Plant regulations
17.62 &
17.63
Fail to comply with Permit Conditions
50 CFR 17: Regulations Pertaining to Threatened Plants

Section
Number
Offense
17.71
Violation of Threatened Plant regulations
17.72
Fail to comply with permit conditions
50 CFR 17: Other Endangered & Threatened Plant Regulations

Section
Offense
Number
17.82
Violation of general Experimental regulations
17.84
to end
Violation of special regulations
Collateral
500.00 + value
350.00 + value
Collateral
500.00 + value
250.00
Collateral
350.00 + value
250.00
Collateral
250.00 + value
250.00 + value
16 USC 1371-1372
Marine Mammal Protection Act
Statute:
Offense
16 USC 1371 thru 16 USC 1372
Take, or import any marine mammal, marine mammal
parts, or products made thereof
Rev. 07/08
Collateral
350.00 +
50.00/animal
Collateral
1,000.00 + value
W. Dist. Texas
15 CFR 18: Regulations Pertaining to Marine Mammals

Section
Offense
Number
18.11
Unlawful take of marine mammal
Collateral
500.00 + value
18.12
Unlawful import of marine mammals
500.00 + value
18.13
Unlawful port use, transport, purchase, sale of

any marine mammal or marine mammal product
500.00 + value
16 USC 742j
Airborne Hunting Act
Statute:
Offense
16 USC 742j-1
General Airborne Hunting Act Violations
50 CFR 19: Regulations Pertaining to Airborne Hunting
Section
Number
Offense
19.11(a)(1) Shoot from an aircraft for purposes of capturing
or killing wildlife
Collateral
1,000.00 + value
Collateral
1,000.00+ value
19.11(a)(2)
Use aircraft to harass wildlife
500.00
19.11(a)(3)
Participate in using aircraft to shoot or harass

wildlife
1,000.00+ value
19.32(a)
Failure to file annual report
250.00
16 USC 703-711
Migratory Bird Treaty Act
Statute:
16 USC 703
Rev. 07/08
Offense
Collateral
Taking, pursuing, hunting, capturing, killing,

or the attempt thereof; possess, sell, barter,
purchase, ship, export, import, carry, transport,
offer, or cause thereof; migratory birds, their
parts, nests, or eggs, without authorization
per part, nest, egg, item
per each bird
500.00 +
50.00 /
value
W. Dist. Texas
16 USC 704(b)(2)
and
16 USC 707(c)
16 USC 705
Placed or directed placement of bait on or adjacent 1,000.00 + value

to an area for the purpose of causing, inducing, or
allowing any person to take migratory game birds
by the aid of baiting on and over a baited area.
Ship, transport, carry in interstate or foreign

commerce, any bird, part, nest, or egg, thereof,
carried contrary to the law of the place where
captured, killed, taken, shipped, transported,
or carried
per part, nest, egg, item
per each bird
50 CFR 20: Migratory Game Bird Hunting Regulations

Section
Number
Offense
20.21(a)
Take with illegal device or substance
350.00 +
50.00 /
value
Collateral
500.00 + value
20.21(b)
Take with shotgun capable of holding more than

three(3) shells
100.00 + value
20.21(c)
Take by means, aid or use of sink box
150.00 + value
20.21(d)
Take from or by means, aid, or use of a motor

driven conveyance, motor vehicle or aircraft
400.00+ value
20.21(e)
Take by means of motorboat or other craft having

motor attached and under power
400.00+ value
20.21(f)
Take by use or aid of live decoys
250.00 + value
20.21(g)
Take by use or aid of electronic/recorded calls
250.00 + value
20.21(h)
Take by means or aid of motor driven conveyance

for concentrating, driving, or rallying, or
stirring up waterfowl
200.00 + value
20.21(i)
Take by aid of bait or on or over baited area

(where the defendant knew, or reasonably should
have known, that the area was a baited area)
500.00+ value
Rev. 07/08
W. Dist. Texas
Section
Number
20.21(j)
Offense
Take while possessing toxic shotshells or shot
Collateral
100.00 + value +
20.00/toxic shell +
forfeit toxic shells
20.22
Take during closed season
500.00 + value
20.23
Take before/after legal shooting hours
20.24
Take in excess of daily bag limit
300.00 + value
20.25
Wanton Waste of migratory birds
200.00 + value
20.26(c)
Failure to comply with temporary closure regs
250.00 + value
20.31
Possession of birds taken in violation of 20.21

thru 20.23
150.00 + value
20.32
Possess freshly killed migratory birds during

closed season
300.00 + value
20.33
Exceed possession limit of migratory birds taken

in the U.S
250.00 + value
20.34
Possess in excess of daily bag limit opening day
200.00 + value
20.35
Possess or transport in excess of daily field limit
250.00 + value
20.36
Violation of tagging regulations
150.00 + value
20.37
Custody of untagged birds of another
150.00 + value
20.38
Live wounded birds in possession
100.00 + value
20.40
Receive, possess, give to another untagged birds
100.00 + value
20.41
Transport birds taken in violation of 20.21 thru 20.24
150.00 + value
20.42
Transportation of untagged birds of another
150.00 + value
Rev. 07/08
10
1-15 min
16-30 min.
31-45 min.
45+ min.
100.00+ value
200.00+ value
300.00 + value
400.00 + value
W. Dist. Texas
Section
Number
Offense
Collateral
20.43
Transport mig. game birds with species ID

removed
100.00 + value
20.44
Transport unmarked or improperly marked package

containing mig. game birds via postal service or
common carrier
100.00 per package
20.51
Export birds taken in violation of 20.12 through

20.24
200.00 + value
20.52
Export birds with species ID removed
150.00 + value
20.53
Export unmarked or improperly marked packages

containing mig. birds as required
150.00 per package
20.61
Import mig. game birds in excess of legal limit
200.00 + value
20.62
Import mig. game birds belonging to another
150.00 + value
20.63
Import mig. game birds with species ID removed
150.00 + value
20.64
Import, possess, transport birds killed in foreign

country without required export permits
150.00 + value
20.65
Import birds not drawn or dressed as required
150.00 + value
20.66
Import unmarked or improperly marked packages

containing mig. birds as required
150.00 per package
20.71
Take, possess, transport, or export migratory

birds, their parts, nests, or eggs in violation of
any other federal law or regulation
250.00 + value
20.72
Take, possess, transport, or export migratory

birds, their parts, nests, or eggs in violation of
any other state law or regulation
250.00 + value
20.73
Import, possess, or transport, migratory birds,

their parts, nests, or eggs if taken, bought,
sold, transported, possessed, or exported contrary
to any law or regulation of any foreign country,
state, or province thereof
250.00 + value
Section
Rev. 07/08
11
W. Dist. Texas
Number
Offense
Collateral
20.81
Commercial facility with untagged mig. birds of

another as required under 20.36
200.00 + value
20.82
Violation of record keeping requirement
200.00
20.83
Failure to permit premise inspection
500.00
20.91(a)
Purchase, sell, barter, or offer thereof for

millinery or ornamental use, the feathers of
migratory game birds
500.00
20.91(b)
Purchase, sell, barter, or the offer thereof,

mounted specimens taken by hunting
250.00 + value
20.100
Take mig. game birds for which no season has

been established
250.00 + value
20.133
Violation of crow hunting regulations
50.00 + 50.00/bird
50 CFR 21: Migratory Bird Permit Violations

Section
Number
Offense
21.2 thru
21.27
Migratory Bird Permit Violations
Collateral
200.00 + value
21.28
Violation of Falconry Permit requirements
250.00 + value
21.28(d)(1)
Take, possess, transport, golden eagle for

falconry without a permit
500.00 + value
21.28(d)(3)
Unauthorized purchase, sale, or barter of raptor
500.00 + value
21.29
Violation of Falconry Standards
250.00
21.29(e)(3)
Take, possess, transport raptor in violation of

50 CFR 21.29
250.00 + value
21.29(e)(3)(v) Unauthorized take of a threatened species
500.00 + value
Unauthorized take of raptor
350.00 + value
21.29(i)
Rev. 07/08
12
W. Dist. Texas
Section
Number
Offense
Collateral
21.29(g)
Failure to comply with facility/equip. standards
150.00 + value
21.29(j)
General violations of Misc. Falconry Regs
150.00 + value
21.29(j)(5)
Retain or exchange molted feathers for other

than imping purposes
150.00 +
50.00/feather
21.30
General violation of Raptor propagation permit
250.00 + $100/bird
21.30(a)
Take, possess, transport, sell, purchase, barter

or transfer any raptor, raptor egg, or raptor
semen, for propagation without authorization
350.00 + $100/bird
21.30(d)(7)
Unauthorized hybridization of raptors
500.00
21.41 thru
21.43
Violation of Depredating Bird regulations
200.00 + value
21.41(c)(1)
Unauthorized killing of depredating mig. birds
200.00 + value
21.42(c)(2)
Take of depredating birds by unauthorized method

or in unauthorized area
200.00 + value
16 USC 718
Migratory Waterfowl Hunting and Conservation Stamp Act
Statute:
Offense
16 USC 718a Hunt migratory waterfowl without a
federal
waterfowl hunting stamp
16 USC 718b Hunting migratory waterfowl with an
invalid (unsigned) federal waterfowl
stamp
16 USC 718e(a)
16 USC 718e(b)
Rev. 07/08
Collateral
200.00 + value
100.00 + value
Loan or transfer valid migratory stamp

to another person, or use stamp
validated by another
300.00
Alter, mutilate, imitate, or counterfeit

migratory waterfowl stamp
500.00
13
W. Dist. Texas
16 USC 668d
Bald and Golden Eagle Protection Act
Statute:
Offense
Collateral
16 USC 668d Take, possess, transport, sell, purchase,
barter, trade, import, export any bald
or golden eagle or parts, nests, or eggs
thereof
50 CFR 22: Regulations Pertaining to Bald and Golden Eagles
Section
Offense
Number
22.11
Take, possess, or transport a bald or golden
eagle
22.12
22.21 thru
22.32
1000.00 + value
Collateral
1000.00 + value
or parts, nest or eggs thereof
250.00
Sell, purchase, trade, barter, export, import, or

offer thereof any bald or golden eagle
1000.00
or parts, nest or eggs thereof
250.00
Violation of eagle permit requirements
250.00
16 USC 1531-1543
Endangered Species Act - Convention on International Trade (CITES)
Statute:
Offense
16 USC 1538(c) thru 1538(d)
Violations of Convention on International Trade
in Appendix designated wildlife & plants
Collateral
1,000.00 + Value
50 CFR 23: Regulations pertaining to import/export of protected wildlife & plants

Section
Number
Offense
Collateral
23.13(a)
Import, export, re-export, or engage in international
trade with any specimen of a species listed in
[as per 23.13(d)]
Appendix I, II, or III of CITES.
23.13(b)
Rev. 07/08
Introduce from the sea any specimen of a species

listed in Appendix I or II of CITES.
14
[as per 23.13(d)]
W. Dist. Texas
Section
Number
Offense
Collateral
23.13 (c)
Possess any specimen of a species listed in

[as per 23.13(d)]
Appendix I, II, or III of CITES imported, exported,
re-exported, introduced from the sea, or traded
contrary to the provisions of CITES, the ESA, or this part.
23.13 (d)
Attempt to commit, solicit another to commit, or cause to

be committed any of the activities described in
paragraphs (a) through (c) of this section.
Appendix I species:
Appendix II species:
Appendix III species:
50 CFR 24: Regulations pertaining to the import/export of plants

Section
Number
Offense
24.11
Import, export, re-export plants at
non-designated port of entry
1000.00 + value
500.00 + value
250.00 + value
Collateral
250.00 + value
16 USC 4201-4245
African Elephant Conservation Act
Statute:
16 USC 4223
Offense
Collateral
Import or export raw or worked ivory contrary to

the provisions of the act
commercial
non-commercial
1,000.00 + value
500.00
16 USC 5301 - 5306

Rhinoceros and Tiger Conservation Act of 1998
Offense
Collateral
Statute:
16 USC 5305(a)
Sale, import or export of any product, item or substance intended
for human consumption or application containing or labeled or
advertised as containing any substance derived from any species
of rhinoceros or tiger.
250.00 + value
Rev. 07/08
15
W. Dist. Texas
16 USC 431-433
American Antiquities Act
Statute:
16 USC 433
Offense
Collateral
Appropriate, excavate, injure, or destroy historic

or prehistoric ruins, or monument, or any object of
antiquity
500.00
16 USC 470aa et seq.

Archaeological Resources Protection Act of 1979
Statute:
Offense
16 USC 470ee(a)
Knowingly excavate, remove, damage, alter, deface
or the attempt thereof, any archaeological resource
on public or Indian lands without a permit or
exemption...
Non-commercial
Commercial
Collateral
500.00 + value
1,000.00 + value
16 USC 470ee(b)
Knowingly sell, purchase, exchange, transport,
receive, or offer thereof, any archaeological
resource if such resource was excavated or removed
from Public or Indian lands in violation of
16 USC 470ee(a) or any provision, rule, regulation,
ordinance or permit in effect under any other Federal
law...
Non-commercial
Commercial
750.00 + value
1,500.00 + value
16 USC 470ee(c)
Knowingly sell, purchase, exchange, transport,
receive, or offer thereof, any archaeological
resource if such resource was excavated or removed
from Public or Indian lands in violation of
16 USC 470ee(a) or any provision, rule, regulation,
ordinance or permit in effect under any other State
law...
Non-commercial
Commercial
750.00 + value
1,500.00 + value
16 USC 470ee(d)
Knowingly violate, counsel, procure, solicit, or
Rev. 07/08
16
W. Dist. Texas
employ any other person to violate any prohibition..

Non-commercial
Commercial
500.00
1,000.00
16 USC 668dd(c)
National Wildlife Refuge Act - Prohibited Acts
Statute:
Offense
Collateral
16 USC 668dd(c)
Knowingly disturb, injure, cut, burn, remove,
destroy, or possess any real or personal property
of the United States...or take or possess any
fish, bird, mammal, or other wild vertebrate or
invertebrate animal or part or nest or egg thereof
...or enter, use, or otherwise occupy any such
area for any purpose without a permit or
authorization
500.00 + value
16 USC 668dd
Wildlife Conservation Easement Provisions
Violations of Conservation Easement Contracts
Section
Number
Offense
1.
Dwellings, barns, outbuildings, or other structures built
without authorization within easement areas
Collateral
500.00 + removal
2.
Alter vegetation
100.00 + restoration
3.
Alter hydrology
50.00 + restoration
4.
Unauthorized cutting or mowing
100.00 per acre
5.
Unauthorized cultivation
200.00 per acre
6.
Unauthorized grazing
50.00 per animal
7.
Unauthorized harvesting or cutting of wood
200.00 + value
8.
Unauthorized burning
100.00 per acre
9.
Place refuse, waste, sewage or other debris
500.00 + removal
10.
Littering
50.00
11.
Drain, dredge, channel, or fill
Rev. 07/08
17
W. Dist. Texas
Section
Number
Offense
Collateral
12.
Pump, dike, or impound, and related activity
13.
Divert or affect the natural flow or surface or

underground water into, within, or out of easement
14.
Fail to control noxious weeds/other undesirable plants
100.00
15.
Hunting on a closed area
200.00 + value
Fishing on a closed area
100.00 + value
16.
Taking or attempting to take fish & wildlife in violation

of a Federal, state, or local game/fish regulations
100.00 + value
17.
Failure to allow inspection, entry, or egress by an

authorized official, agent, or employee
500.00
18.
Trespass on a closed area
100.00
19.
Interfere with the management of easement area
100.00
16 USC 668dd and 16 USC 721-731

National Wildlife Refuge Administrative Act
50 CFR 25: Administrative Provisions
Section
Number
Offense
25
All other admin. provisions regulations
Collateral
100.00
25.21
Enter a closed portion of National Wildlife Refuge
200.00
25.31
Failure to comply with special regulations
150.00
Section
Number
25.42
Offense
Failure to display permit when requested
Collateral
100.00
25.72
Failure to report accidents
100.00
Rev. 07/08
18
W. Dist. Texas
50 CFR 26: Regulations Pertaining to Public Entry & Use

Section
Offense
Number
26
All other public entry and use regulations
Collateral
150.00
26.21(a)
Trespass on National Wildlife Refuge (NWR)
200.00
26.21(b)
Permit unconfined domestic animal to enter a NWR
100.00 +
50.00/animal
26.36
Conduct public assembly/demonstration without a

permit
100.00
50 CFR 27: Prohibited Acts

Section
Offense
Number
27.21
Take any animal or plant without authorization
Collateral
250.00 + value
27.31
Travel on other than a designated route of travel
100.00
27.31(a)
Operate a vehicle in violation of state law
100.00
27.31(b)
Operate a vehicle under the influence of drugs or

intoxicating beverage
250.00
27.31(c)
Operate a vehicle carelessly or heedlessly
150.00
27.31(d)
Exceed 25 mph or posted speed limit
50.00 + 2.00/mph
over speed limit
(21 mph or more over
speed limit: 150.00)
27.31(e)
Operate vehicle without a muffler/spark arrester
100.00
27.31(f)
Operate vehicle without license plate/registration
100.00
27.31(g)
Operate vehicle without a drivers license
100.00
27.31(h)
Block road access for other vehicles
100.00
27.31(i)
Failure to obey orders of traffic control officer
250.00
27.31(j)
Operate over-sized/over-weight vehicle
200.00
Rev. 07/08
19
W. Dist. Texas
Section
Number
Offense
Collateral
27.31(k)
Moving of vehicle involved in accident
150.00
27.31(l)
Operate a vehicle without proper headlights, taillights, or brake lights
50.00
27.31(m)
Violation of other established special vehicle

requirements
100.00
27.32(a)
Unauthorized use of a boat
200.00
27.32(b)
Operate boat in violation of either Coast Guard

or State laws
50.00
27.32(b)(2)
Operate boat in reckless/negligent manner
150.00
27.32(b)(3)
Operate boat under influence of an intoxicant
250.00
27.32(b)(4)
Interfere with operation of other boats
100.00
27.32(b)(5)
Operate boat without proper marine head
50.00
27.32(b)(6)
Operate a sailboat without required lights
50.00
27.32(b)(7)
Leave boat unattended for 72 hrs
100.00
27.32(b)(8)
Unauthorized use of government boat dock
50.00
27.33
Unauthorized waterskiing on NWR
75.00
27.34
Unauthorized operation of aircraft on/over NWR
250.00
27.41
Carry, possess or discharge a firearm
200.00
Carry, possess or discharge fireworks/explosive
200.00
27.42
Firearms; other violations
200.00
27.43
Use of weapons other than firearms
200.00
27.51
Disturb, injure, damage animals on NWR
200.00 + value
Disturb, injure, damage plants on NWR
100.00 + value
Rev. 07/08
20
W. Dist. Texas
Section
Number
Offense
Collateral
27.52
Introduction of plants/animals on NWR
100.00 + 50.00/item
27.61
Destruction or removal of property from NWR
200.00
27.62
Search for or remove objects of antiquity
200.00
27.63
Unauthorized search for valued objects; no permit
200.00
27.64
Unauthorized prospecting/mining on a NWR
500.00
27.65
Tamper with vehicles or equipment
200.00
27.71
Take or film motion pictures for commercial use
200.00
27.72
Cause unreasonable disturbances w/ audio equip
200.00
27.73
Use of artificial light to take wildlife
200.00 + value
27.81
Enter NWR under the influence of alcohol
300.00
27.82(b)(1)
Deliver controlled substance
500.00
27.82(b)(2)
Possess controlled substance on a NWR
250.00
27.82(b)(3)
Under influence of a controlled substance
250.00
27.83
Indecency or disorderly conduct
250.00
27.84
Interference with persons engaging in authorized

activity
300.00
27.85
Gambling on NWR
100.00
27.86
Begging or soliciting
100.00
27.91
Conducting field trials
200.00
27.92
Construct, install, occupy private structure
250.00
27.93
Abandon private property
300.00
27.94
Litter on a NWR
200.00
Rev. 07/08
21
W. Dist. Texas
Section
Number
Offense
Collateral
Dumping refuse or waste
500.00
Depositing environmental contaminants
1,000.00
27.95(a)
Setting unauthorized fire

Setting unauthorized campfire
200.00
100.00
27.95(b)
Leaving fire unattended
150.00
27.95(c)
Throw burning cigarette, match, etc. where it

may start a fire
150.00
27.95(d)
Smoking violation
100.00
27.96
Unauthorized advertising
100.00
27.97
Conduct private commercial operation
200.00
50 CFR 28: Regulations pertaining to Refuge Special Regulations-General

Section
Number
Offense
Collateral
28.31
Violate any provision, rule, regulation, sign, or
150.00
special regulation
50 CFR 31: Regulations pertaining to Commercial Fishing & Trapping
Section
Number
Offense
31.13
No refuge commercial fishing permit
31.16
Rev. 07/08
Violation of federal trapping permit regulations,

state trapping laws, or other special trapping laws,
or special trapping regulations
Violate state law
Collateral
250.00 + value
100.00 + value
Violate permit conditions, etc
100.00 + value
Failure to inspect traps
100.00 + value
Unlawful sets; unlawful equipment
150.00 + value
Animal unlawfully trapped
150.00 + value
22
W. Dist. Texas
50 CFR 32: Regulations pertaining to Hunting

Section
Offense
Number
32.2(a)
Hunt without a State license
Collateral
200.00 + value
32.2(b)
Hunt without a migratory waterfowl stamp
200.00 + value
32.2(c)
Hunt in violation of federal law
150.00 + value
32.2(d)
Hunt in violation of state law
150.00 + value
32.2(e)
Hunt in violation of special access requirements
100.00 + value
32.2(f)
Failure to comply with special regulations, as

per 32.12, 32.22, 32.32
150.00
32.2(g)
Bow hunt with any drug on a arrow
500.00 + value
32.2(h)
Distribution of bait and hunting over bait on NWR
500.00 + value
32.2(i)
Use of nails, wire, screws or bolts to attach a tree

stand to a tree, or hunt from tree into which a metal
object has been driven
100.00
32.2(j)
Use or possession of alcohol while hunting
200.00
32.2(k)
Use or possession of toxic shot while hunting with

shotgun or muzzle-loader on Waterfowl Production
Areas, or other designated areas
100.00 + value +
20.00/toxic shell +
forfeit toxic shells
50 CFR 32.5: Regulations pertaining to Fishing

Section
Offense
Number
32.5(a)
Fish without a state license
Collateral
100.00 + value
Section
Number
32.5(b)
Collateral
100.00 + value
Offense
Noncompliance with applicable federal law
32.5(c) thru Violations of State and applicable special

32.5(e)
regulations on fishing
Rev. 07/08
23
100.00 + value
W. Dist. Texas
50 CFR 70: Regulations pertaining to National Fish Hatcheries

Section
Offense
Number
70.2
Administrative provisions as adopted from Part 25
Collateral
As noted in Part 25
70.4(a)
Prohibited Acts as adopted in Part 27
As noted in Part 27
70.4(b)
Unauthorized taking, or attempt to take fish,

amphibians, or other aquatic animals
200.00 + value
70.4(c)
Unauthorized take of any animal
200.00 + value
70.4(d)
Disturbing spawning fish
100.00
70.6
Public Entry & Use as adopted from Part 26
As noted in Part 26
50 CFR 71: Regulations pertaining to Hunting & Fishing on National Fish Hatcheries
Section
Number
Offense
Collateral
71.2(a)
Hunt without a State license
100.00
71.2(b) thru
71.2(f)
Noncompliance with other laws or regulations
71.12(a)
Fish without a State license
100.00
71.12(b) thru
71.12(e)
Noncompliance with other laws or regulations
Section
Number
As listed
Rev. 07/08
100.00
100.00
Oversight Provision
All regulatory provisions of 50 CFR et seq. not previously enumerated
Offense
Violations of permits or permit requirements
Collateral
100.00
Violations of taking, sale, purchase or barter
250.00
Violation of possession, transport, import/export
150.00
All other violations or noncompliance
50.00
24
W. Dist. Texas
18 USC 13
Assimilative Crime Act
Statute:
18 USC 13
Offense
Violation of state statutes on land
administered by the FWS
Collateral
300.00 + value
10 USC 2671(a)
Hunting, Fishing, Trapping on Military Reservations
Statute:
Offense
10 USC 2671(a)
Violation of state statutes for wildlife or
plants while on military reservation
Rev. 07/08
25
Collateral
300.00 + value
W. Dist. Texas
APPENDIX A
Wildlife & Plant Value Table
Species
Category
Big Game Animals elk/caribou
Comments
whole/trophy
cow:
moose/bison
whole/trophy
cow:
sheep/mtn. goat
whole/trophy
$10,000.00
deer/pronghorn
whole/trophy
doe:
blk. bear/cougar
whole/trophy
$5,000.00
brown bear
whole/trophy
$7,000.00
polar bear
whole/trophy
$10,000.00
rhino/hippo
buffalo/elephant/
felines
whole/trophy
$10,000.00
all other African/

Asian/S. American/
European
whole/trophy
all other
whole/trophy
all parts/products
per item
$100.00
or DEC value
Small Game animals All whole/trophy
per item
$100.00
All parts/products
per item
$25.00
All whole/skin
per item
$100.00
Fur bearing animals Rodent family
whole/skin
$25.00
Canine family
whole/skin
$100.00
Rev. 07/08
Value
bull:
$1,000.00
$5,000.00
bull:
$2,000.00
$7,000.00
$500.00
buck: $2,000.00
$2,500.00
$1,000.00
W. Dist. Texas
Category
Non-game animals
Species
Comments
Procyon/Mustelid
family
whole/skin
$50.00
Feline family
whole/skin
$250.00
All others
whole/skin
$25.00
All parts/products
per item
Carnivores
whole/skin
parts
$1500.00
$500.00
Primates
whole
$1000.00
Others
Migratory game
birds
Migratory nongame birds
Rev. 07/08
$25.00
or DEC value
whole
All parts/products
Value
$300.00
per item
$250.00
Swans
whole/m
ount
$1000.00
Geese
whole/m
ount
$75.00
Ducks
whole/m
ount
$50.00
Doves/Pigeons
whole/mount
$25.00
All other
whole/mount
$50.00
All parts/products
per item
Eagles
whole/m
$25.00
or DEC value
ount
$1000.00
parts/products
$250.00
Hawks/Owls
whole/mount
$500.00
Song birds
whole/mount
$100.00
All others
whole/mount
$100.00
W. Dist. Texas
Category
Other game birds
Parrots
Species
Comments
Value
All parts/products
per item
$50.00
or DEC value
Wild turkey
whole/mount
$500.00
Grouse/Prairie
chickens
whole/mount
$250.00
All other
whole/mount
$100.00
All parts/products
per item
Macaws/Cockatoos
whole/mount
Parrots
Other pet birds
$1000.00
ount
$500.00
All others
whole/mount
$100.00
All parts/products
per item
All
whole/m
$25.00
or DEC value
whole/m
$25.00
or DEC value
ount
$100.00
All parts/products
per item
$10.00
Other animals
All whole/product
per item
$50.00
or DEC value
Endangered/
Threatened
wildlife
All
whole/trophy
All
parts
$500.00
curios/jewelry
Endangered/
Threatened
plants
Rev. 07/08
All
$2,000.00
$100.00
or DEC value
$1,000.00
W. Dist. Texas
Category
Species
Comments
Value
Marine Mammals
All (except
polar bear)
whole/trophy
$2,000.00
parts/curios/
other
$100.00
or DEC value
Game Fish
trout/salmon/walleye/ whole/trophy
bass/pike/ etc.
$75.00
Sport Fish
pan fish/catfish/ etc. whole/trophy
$25.00
Other fish
Paddle/Sturgeon/etc. whole/trophy
$500.00
Eggs/Roe
per pound
$500.00
all other
whole/trophy
$25.00
Non-sport fish
carp/sucker/gar/etc.
whole/trophy
$10.00
Tropical fish
All
per
fish
$25.00
Bait fish
All
whole/product
$10.00
Amphibians
All whole/product
per item
$50.00
or DEC value
Reptiles
All whole/product
per item
$50.00
or DEC value
Insects
All whole/products
per item
$50.00
or DEC value
Mollusks
All whole/products
per item
$25.00
or DEC value
whole/products
per item
$50.00
or DEC value
Corals
Rev. 07/08
All
or DEC value
W. Dist. Texas
Category
Species
Deciduous trees
All
Comments
>
10 yrs.
Value
$1,000.00
< 10 yrs.
Coniferous trees
All
>10
yrs.
<10 yrs.
Bushes
All
adult
All
$200.00
$150.00
per
plant
$100.00
per
sq. foot
$50.00
item
$100.00
Sedges/grasses
All
Orchid family
All
$100.00
Other plants
All
$10.00
Archeological
Resources
All
Rev. 07/08
$1,000.00
$750.00
young
Cacti
$200.00
per
W. Dist. Texas
WILDLIFE/PROPERTY FORFEITURE ORDER

Unless otherwise specifically ordered by a United States Court, any fish, wildlife,
plants, or property which has been seized under the authority of the Migratory Bird
Treaty Act, 16 USC 703-712; the National Wildlife Refuge Systems
Administrative Act, 16 USC 668dd-668ee; the Eagle Protection Act, 16 USC 668668e; the Endangered Species Act, 16 USC 1531-1542; the Migratory Waterfowl
Hunting Stamp Act, 16 USC 718-718i; the Airborne Hunting Act, 16 USC 742j-1;
the Marine Mammal Protection Act, 16 USC 1361-1407; the Tariff Classification
Act, 19 USC 1202; the Lacey Act, 18 USC 42; the Lacey Act Amendments, 16
USC 3371-3378; the American Antiquities Act, 16 USC 433; the African Elephant
Conservation Act, 16 USC 4201-4245; the Archeological Resources Protection
Act, 16 USC 470aa et seq.; Wild Bird Conservation Act, 16 USC 4901-4916; and
Rhinoceros and Tiger Conservation Act of 1998, 16 USC 5301 et seq.;where final
disposition of the case has been made by either payment of a forfeiture of collateral
or a judgement by the Court on behalf of the government and where so authorized
by statute, such wildlife or property shall be forfeited to the U.S. government and
disposed of by the U.S. Fish & Wildlife Service in the manner prescribed by Title
50, Code of Federal Regulations, Part 12.
Rev. 07/08
W. Dist. Texas
EXHIBIT D
VETERANS ADMINISTRATION PROPERTY
38 U.S.C.218 AND 38 C.F.R.1.218
38 C.F.R.1.218 (b)
1. Improper disposal of rubbish on property.
$200.00
2. Spitting on property.
$25.00
3. Throwing of articles from a building or the

unauthorized climbing upon any part of a
building.
$50.00
4. Willful destruction, damage, or removal of

Government property without authorization.
$500.00
5. Defacement, destruction, mutilation or injury

to, or removal, or disturbance of, grave marker headstone.
$500.00
6. Failure to comply with signs of a directive and

restrictive nature posted for safety purposes.
$50.00
7. Tampering with, removal, marring or destruction

of posted sign.
$150.00
8. Entry into area posted as closed to the public or

others (trespass).
$50.00
9. Unauthorized demonstration or service in a national

cemetery or on other Veterans Administration property.
$250.00
10. Creating a disturbance during a burial ceremony.
$250.00
11. Disorderly conduct which creates loud, boisterous,

and unusual noise, or which obstructs the normal use of
entrances, exits, foyers, offices, corridors, elevators, and
stairways or which tends to impede or prevent the normal
operation of a service or operation of the facility.
$250.00
12. Failure to depart premises by unauthorized persons.
$50.00
13. Unauthorized loitering, sleeping or assembly on property.
$50.00
14. Gambling-participating in games of chance for monetary gain

or personal property; the operation of gambling devices, a pool
or lottery; or the taking or giving of bets.
$200.00
15. Operation of a vehicle under the influence of alcoholic beverages

or non-prescribed narcotic drugs, hallucinogens, marijuana,
barbiturates or amphetamines.
$500.00
16. Entering premises under the influence of alcoholic beverages

or narcotic drugs, hallucinogens, marijuana,
barbiturates or amphetamines.
$200.00
17. Unauthorized used on property of alcoholic beverages, or narcotic

drugs, hallucinogens, marijuana, barbiturates or amphetamines.
$300.00
18. Unauthorized introduction on VA controlled property of alcoholic

beverages or narcotic drugs, hallucinogens, marijuana,
barbiturates or amphetamines, or the unauthorized giving of same
to a patient or beneficiary.
$500.00
19. Unauthorized solicitation of alms and contributions on premises.
$50.00
20. Commercial soliciting or vending, or the collection of private

debts on property.
$50.00
21. Distribution of pamphlets, handbills, and flyers.
$25.00
22. Display of placards or posting of material on property.
$25.00
23. Unauthorized photography on premises.
$50.00
24. Failure to comply with traffic directions of VA police.
$25.00
25. Parking in spaces posted as reserved for physically disabled persons.
$50.00
26. Parking in no-parking areas, lanes, or crosswalks so posted or marked

by yellow borders or yellow stripes.
$25.00
27. Parking in emergency vehicle spaces, areas, and lanes bordered in red or
posted as EMERGENCY VEHICLES ONLY or FIRE LANE, or parking
within fifteen(15) feet of a fire hydrant.
$50.00
28. Parking within an intersection or blocking a posted vehicle entrance or

posted exit lanes.
$25.00
29. Parking in spaces posted as reserved or in excess of a posted time limit.
$15.00
30. Failing to come to a complete stop at a STOP sign.
$25.00
31. Failing to yield to a pedestrian in a marked and posted crosswalk.
$25.00
32. Driving in the wrong direction on a posted one-way street.
$25.00
33. Operation of a vehicle in a reckless or unsafe manner, too fast for

conditions, drag racing, overriding curbs, or leaving the roadway.
$100.00
34. Exceeding posted speed limits:

By up to 10 mph,
By up to 20 mph,
By over 20 mph,
$25.00
$50.00
$100.00
35. Creating excessive noise in a hospital or cemetery zone by muffler

cut out, excessive use of a horn, or other means.
$50.00
36. Failure to yield right of way to other vehicles.
$50.00
37. Possession of firearms, carried either openly or concealed, whether loaded

or unloaded (except by Federal or State law enforcement officers on official
business).
$500.00
38. Introduction or possession of explosives, or explosive devices which fire

a projectile, ammunition, or combustibles.
$500.00
39. Possession of knives which exceed a blade length of three(3) inches;

switchblade knives; any of the variety of hatchets, clubs, and hand-held
weapons; or brass knuckles.
$300.00
40. The unauthorized possession of any of the variety of incapacitating liquid or

gas-emitting weapons.
$200.00
41. Unauthorized possession, manufacture, or use of keys or barrier card-type

keys to rooms or areas on the property.
$200.00
42. The surreptitious opening, or attempted opening, of locks or card-operated

barrier mechanisms on property.
$500.00
43. Soliciting for, or the act of, prostitution.
$250.00
44. Any unlawful sexual activity.
$250.00
45. Jogging, bicycling, sledding or any recreational physical activity

conducted on cemetery grounds.
$50.00
When no amount is shown for collateral of forfeiture, a mandatory appearance (*) is required. In as in any
contested case, the penalty to be assessed will be determined by the Magistrate or Judge of the United States
District Court and may include a term of imprisonment of not more than six months.
EXHIBIT E
Collateral Forfeiture Schedule for
Water Resources Development Projects Administered by
Chief of Engineers of the U.S. Army Corps of Engineers in the Western District of Texas
Title 36, Part 327, Code of Federal Regulations
GENERAL INSTRUCTIONS
1) Those offenses designated * in the collateral forfeiture schedule require a mandatory
appearance.
2) All offenses arising from an accident causing personal injury or death require a mandatory
appearance.
3) Any other offense with a dollar amount listed may be paid by a collateral forfeiture.
4) All felony cases must be submitted to the U.S. Attorneys Office.
SECTION
327.1 (d)
OFFENSE
Discrimination against any person
$FINE
*
327.2 (b)
Parking in violation of posted restrictions

Parking to obstruct, impede or endanger
$35.00
$50.00
(c)
Operation/parking vehicle off roadway

Vehicle beyond fence, barricade, etc.
$50.00
$75.00
(d)
Operation of vehicle contrary to posted restrictions
$50.00
(e)
Operation of vehicle in careless, negligent or

reckless manner
$100.00
Operation of vehicle for purposes other than to

enter or leave
$50.00
Operation of motorized vehicle without effective

exhaust muffler
$75.00
Placement/operation of vessel for fee
$100.00
Operation of vessel in prohibited area

Operation of vessel contrary to posted regulations
Failure to display required vessel registration
$100.00
$100.00
$50.00
(f)
(g)
327.3 (b)
(3)
(4)
Operation of vessel in careless, negligent, or reckless

manner
$100.00
(5)
Operation of vessel without required safety equipment
$75.00
(6)
Use of vessel for habitation, residence or overnight

occupancy not incidental to recreational boating
$200.00
Use of water ski or similar device in careless, negligent

or reckless manner
$100.00
(8)
Unauthorized attachment or anchoring of vessel

Failure to remove vessel not in use
Placement of mooring facility where prohibited
$50.00
$100.00
$100.00
(a)
Use of vessel not constructed or maintained in compliance

with safety standards
$100.00
(j)
Operation of vessel without proper and effective muffler
$100.00
Aircraft operation at non-designated location
Operation of aircraft in a careless, negligent or reckless

manner
Air delivery or retrieval onto or from project lands or

water
$100.00
Seaplane operation contrary to established prohibitions

or restrictions
$100.00
(f)3
Seaplane operation contrary to marine rules of the road
$75.00
(f)4
Improper mooring of seaplane
$100.00
(f)5
Unauthorized commercial seaplane operation
$200.00
(f)6
Seaplane operation between sunset and sunshine
$150.00
Swimming, wading, snorkeling or scuba diving

where prohibited
$75.00
(b)
Failure to display diving flag
$50.00
(c)
Diving, jumping or swinging from prohibited structure
$75.00
(7)
327.4 (b)
(c)
(e)
(f)2
327.5 (a)
327.6
Picnicking or day-use where prohibited
$50.00
327.7 (a)
Camping in non-designated area
$75.00
(b)
Camping longer than 14 days
$75.00
(c)
Unauthorized reservation of campsite
$75.00
(d)
Digging ground or constructing unauthorized structure
$50.00
(e)
Occupying campsite posted reserved
$75.00
Hunting where or when prohibited
$100.00
(b)
Trapping where or when prohibited
$100.00
(c)
Fishing where prohibited
$75.00
(d)
Failure to observe established restrictions
$75.00
Improper disposal of waste
$75.00
(b)
Bringing garbage, trash, etc., onto project
$100.00
(c)
Spilling or other discharge onto project lands or waters
$100.00
(d)
Failure to keep site free of trash
$50.00
(e)
Discharge of waste from vessel or water craft
$100.00
Improper storage of fuel
$75.00
(b)
Fire not in designated facility

Fire left unattended
Producing toxic fumes
Open burning where/when prohibited
$75.00
$75.00
$75.00
$100.00
(c)
Improper disposal of lighted smoking materials
$50.00
Pet not on leash or not restrained

Pet allowed to impede or restrict public use
Pet allowed to create noise disturbance
Animal in prohibited facility or location
Abandoning animal on project
$75.00
$100.00
$75.00
$75.00
$100.00
Failure to clean up animal waste
$50.00
327.8 (a)
327.9 (a)
327.10 (a)
327.11 (a)
(b)
(c)
Brining livestock into recreation area
$75.00
(d)
Unauthorized livestock on project
$100.00
(g)
Wild or exotic pet or animal brought on to project
$100.00
Failure to observe posted restrictions
$75.00
(b)
Failure to observe quiet hours
$100
(c)
Act or conduct interfering with or impeding public use
$75.00
(d)
Sound producing equipment
$75.00
(f)
Smoking where prohibited
$35.00
Possession of loaded firearm, ammunition, or other

weapon
$100.00
Possession of explosives or explosive devices

Possession of fireworks or pyrotechnics
*
$75.00
Destruction, injury, defacement or removal or public

property
$100.00
(b)
Cutting, gathering or removal of trees or wood
$75.00
(c)
Gathering dead wood where prohibited
$50.00
327.15 (a)
Abandonment of personal property
$100.00
327.17
Unauthorized advertisement
Violation of terms and conditions of permit
$75.00
$150.00
327.18 (a)
Unauthorized commercial activity
$100.00
Failure to comply with commercial lease, license

or agreement
$100.00
Failure to comply with terms or conditions of permit
$100.00
327.12 (a)
327.13 (a)
(b)
327.14 (a)
(b)
327.19 (a)
(e)
327.20
Failure to comply with conditions of Shoreline Use Permit $100.00

Unauthorized structure
$100.00
327.21
Unauthorized special event
$100.00
327.22 (a)
Unauthorized occupation of project
$100.00
Unauthorized agricultural use
$100.00
Failure to pay use fee
$75.00
3.
Failure to pay day-use fee/display receipt, permit or pass
$50.00
4.
Fraudulent use of Golden Age/Golden Access Passport
$100.00
Interference with Federal Employee
Failure to comply with lawful order

Failure to provide correct identification information
$150.00
$100.00
2.
327.23 (b)
327.24 (a)
(b)
EXHIBIT F
GSA PROPERTY
41 U.S.C. SEC. 318
41 C.F.R. 101 - 20.300
302
Failure to record presence as required by GSA or postal personnel

or failure to sign a register and/or display identification documents
when requested by a guard, watchman or other authorized individuals
$25.00
303
The improper disposal of rubbish on property; the spitting on property;

the creation of any hazard on property to persons or things; the throwing
of articles of any kind from a building; the climbing of any part of the
building
$25.00
Willfully destroying, damaging or removing any property
$50.00
Failure to comply with official signs (except parking and traffic)

And failure to comply with the direction of authorized individuals
$25.00
Failure to comply with directions of law enforcement
$25.00
305
The disorderly conduct or other conduct on property which creates

loud or unusual noise, or which obstructs the usual use of entrances,
foyers, corridors, offices, elevators, stairs and parking lots, or which
otherwise tends to impede or disrupt the public employees in the
performance of their duties, or which otherwise impedes or prevents
the general public from obtaining the administrative services
provided on property
$35.00
306
Gambling - participating in games for money or other personal

property; the operation of gambling devices, the conduct of a
lottery or pool; or the selling or purchases of numbers tickets
$40.00
307
Unauthorized possession or unauthorized use of alcoholic beverages

or narcotic drugs
$50.00
Entertaining on property by a person under the influence of alcoholic

beverages or narcotic drugs
$25.00
Use on property of hallucinogens, marijuana, non-prescribed

narcotic drugs, amphetamine or barbiturate
Mandatory
Appearance
Unauthorized solicitations of alms and contributions on premises

Commercial solicitations
$25.00
$25.00
304
308
EXHIBIT G
Bureau of Land Management
6 USC 433
16/433
American Antiquities
$100.00
16/460 1-6a
Non-payment of Camping Fees
$25.00
16/670j(a)(2) Violation of Habitat Management Plan Regulations
$100.00
18/42
Importation of Injurious Species
$500.00
18/1361
Vandalism
$100.00
18/1852
Timber Removed or Transported
$100.00
18/1853
Trees Cut or Injured
$100.00
18/1856
Fires Left Unattended
$75.00
18/1857
Fences Destroyed - Livestock Entering
$100.00
18/1858
Survey Marks Destroyed or Removed
$100.00
43/1061
Unlawful Inclosure
$150.00
43/1063
Obstruction of Transit Over Public Lands
$100.00
43 C.F.R
4140.1 (b)(1) Allowing Livestock on Public Land Without
Permit or Lease
$100.00
(2) Disturbing or Installing Range Improvements
$100.00
(3) Cutting, Burning, Spraying, Destroying, or

Removing Vegetation
$100.00
(4) Damaging or removing U.S. Property
$100.00
(5) Molesting Livestock
$50.00
(6) Littering
$50.00
(7) Interfering with Lawful Uses or Users
$100.00
(8) False Statements

4760.2 (a)
$100.00
Removes Wild Horse or Burro from Public Lands
$100.00
(b)
Converts Wild Horse or Burro to Private Use
$100.00
(c)
Cause Death or Harassment of Wild Horse or Burro
$100.00
(d)
Processing Wild Horse or Burro into Commercial

Products
$100.00
(e)
Sells Wild Horse or Burro
$100.00
(f)
Uses Wild Horse or Burro for Commercial Exploitation
$100.00
(g)
Inhumane Treatment of Wild Horse or Burro
$100.00
(h)
Use of Wild Horse or Burro for Bucking Stock
$100.00
(i)
Failure to Product Wild Horse or Burro for Inspection
$100.00
(j)
Failure to Notify of Death of Wild Horse
$100.00
(k)
Removal or Alteration of Official Mark
$100.00
(l)
Abandons Wild Horse or Burro
$100.00
(m)
Fails to Attempt to Capture Escaped Wild Horse or Burro
$100.00
(n)
Accepts Wild Horse or Burro for Slaughter or Destruction
$100.00
(o)
Failure to Retain Wild Horse or Burro Certification
$100.00
Occupancy of Research Natural Area
$50.00
(b)
Use Contrary to Purpose of Research Natural Area
$50.00
(c)
Non-Destruction Use Only
$50.00
ORV Operation Off Designated Areas And Trails
$50.00
ORV Operation in Closed Area
$50.00
8223.1 (a)
8341.1 (b)
(c)
(f)
1) Reckless/ Negligent Operation

2) Excess of Established Limits
Minimum bail of $15.00, plus $1.00 per mile over
posted speed limit
3) Under the Influence of Drugs or Alcohol
4) Causing Environmental Damage
5) During Night Hours Without Headlights
and Taillights
$250.00
Mandatory
Appearance
$100.00
$50.00
8341.1 (g)
Failure of ORV to Yield Right-of-Way
$25.00
8341.1 (a)
Brakes Required
$50.00
(b)
Muffler Required
$50.00
(c)
Spark Arrester Required Where Posted
$50.00
(d)
Headlight and Taillight Standards for

Nighttime Operation
$50.00
Operation of Motorized Vehicle on National

Scenic Trail
$50.00
8351.2-1 (a)
Special Rules - Wild and Scenic Rivers Act
$50.00
8352.1 (a)
Occupancy of Outstanding Natural Area
$100.00
Use That Unnecessarily Detracts
$100.00
Primitive Area - Travel by Non-mechanized

Means Only
$50.00
(b)
Construction in Primitive Areas
$100.00
(c)
Conducting Non-Recreational Activities
$50.00
Violation of Closure Order
$50.00
8351.1-1 (a)
(b)
8352.4 (a)
8364.1 (d)
8365.1-1 (b)(1) Littering, Non-Flammable Material
$100.00
(2) Littering, Flammable Material
$100.00
(3) Unauthorized Draining of Sewage
$100.00
8365.1-2 (a)
(4) Waste Disposal From Private Property
$100.00
(5) Pollution of Water Supplies
$100.00
(6) Improper Use of Refuse/Disposal Facility
$25.00
Camping Longer Than Permitted
$50.00
Unattended Personal Property, 10 Days
$25.00
Reckless, Careless, Negligent Vehicle Operation
$100.00
Reckless Endangerment
$250.00
8365.1-4
Creating a Risk or Public Disturbance
$50.00
8365.1-4
(a)
Unreasonable Noise
$50.00
(b)
Creating a Hazard or Nuisance
$50.00
(c)
Refusing to Disperse
$100.00
(d)
Resisting Arrest, Citation; Interfering with Officer
Mandatory
Appearance
(e)
Assault or Battery on BLM Employee
Mandatory
Appearance
(f)
False Emergency or Crime Report
$100.00
(b)
8365.1-3 (a)
(b)
8365.1-5
(a)(1) Deface, Remove, Destroy Personal Property,

Or Structures, Resources
$100.00
(a)(2) Deface, Remove, Destroy Plants, Rocks

Minerals, Caves
$100.00
(a)(3) Use of Motorized Devices or Explosives

For Collecting
$100.00
8365.1-6
8365.2-1
(a)
(b)
Supplementary Rules
$50.00
Cleaning Fish, Game, Clothing, etc., at any Water

Faucet in Recreation Site
$50.00
Improper Deposit of Human Waste in Recreation Site
$50.00
(c)
8365.2-2
Animals Not On Leash or Physically Restricted

In Recreation Site
$50.00
Excessive Noise from Audio Device in

Recreation Site
$50.00
Use of a Public Address System in Recreation

Site
$50.00
Erecting an Antenna Other than on a Vehicle in a

Recreation Site
$50.00
(a)
Failure to Pay Camp Fee
$25.00
(b)
Erecting or Placing Camping Equipment in a

Undesignated Area in Recreation Site
$50.00
Unattended Personal Property, 24 Hours

(Day Use Area); 72 hrs. in Other Areas
Of a Recreation Site
$25.00
(d)
Build a Fire Except in Stove, Grill, etc.
$25.00
(e)
Entering or Loitering in Closed Campgrounds

During Night Periods
$25.00
(f)
Enter or Use a Site Closed to Public Use
$25.00
(g)
Campsite Occupied by More People

Than Permitted
$25.00
Move Any Campground Provided Equipment
$25.00
(a)
(b)
(c)
8365.2-3
(h)
8365.2-4
8365.2-5
Operating Motor Vehicle Except on Roads or

Places Provided in Recreation Sites
$50.00
(a)
Use or Discharge of Fireworks
$50.00
(b)
Use or Discharge of Firearms
$100.00
Bringing an Animal to a Swimming Area

In a Recreation Site
$25.00
8372.1-1
9212.1
Special Recreation Permits Required

(a)
(b)
(c)
(d)
Commercial Use
Competitive Use
Off-Road Vehicle Events
Special Area Use
$250.00
$50.00
$50.00
$50.00
(a)
Igniting Fire Other Than Campfire
$100.00
(b)
Fire Tracer or Incendiary
$50.00
(c)
Burn Vegetation Except in Campfires
$100.00
(d)
Abandoning Campfire
$75.00
(e)
Campfire Without Proper Clearance
$25.00
(f)
Interfere With Firefighters
(g)
Enter Fire Closed Area
$50.00
(h)
Violate Fire Prevention Orders
$25.00
Natural Feature Destruction in Recreation Site
$100.00
Facility Destruction in Recreation Site
Facility Destruction
Harvest or Remove Vegetation, Minerals,

Antiquities
$100.00
Appropriate or Deface Natural Features, Antiquities

Public or Private Property
$100.00
(iv)
Dig or Remove Tree or Shrub
$100.00
(v)
Commercial Gathering of Resources
$100.00
(vi)
Operating Vehicle to Chase or Frighten Livestock

Or Wildlife
$100.00
Use of Motorized Devices or Explosives

For Collecting
$50.00
9268.3(c)(1) (i)
(ii)
9268.3(c)(2) (i)
(ii)
(iii)
(vii)
9268.3
Violation of Closure Order
* MANDATORY APPEARANCE
$50.00
Exhibit I
Forfeiture of Collateral Schedule
National Security Agency (NSA)
Western District of Texas
(Revised September, 2010)
32 Code of Federal Regulations (CFR) Violations

Section
Number
Collateral
Access to Property and Compliance
228.2
Failure to comply with official signs on protected property
$170.00
228.2
Failure to comply with lawful directions of NSA

Police Officer
$170.00
228.3
Entering/Attempting to enter protected property without

proper authorization
$200.00
228.3
Failure to display government or other identifying credentials

to NSA Police Officer while on protected property
$150.00
Control of Vehicles/Parking
228.4
Failure to comply with official signs, signals, or the

directions of an NSA Police Officer while driving on
protected property
$170.00
228.4
Failure to operate a motor vehicle in a safe and careful

manner while on protected property
$170.00
228.5
Parking on protected property contrary to posted signs or

applicable state or federal laws and regulations
228.5
Parking on protected property in any manner that

Page 1 of 6
$50.00
blocks/impedes the flow of traffic or otherwise

creates a hazard
$50.00
228.5
Parking on protected property without proper

authorization
$50.00
228.5
Parking on protected property in reserved area without

requested permit
$50.00
Photography/Photographic Equipment
228.8
Unauthorized possession of photographic, recording or

transmitting equipment on protected property
$100.00
228.11
Unauthorized photography or videotaping while on

protected property
$200.00
Alcohol
228.10
Entering or being on protected property while under the

influence of an alcoholic beverage
$200.00
228.10
Unauthorized use of alcoholic beverages on protected

property
$100.00
Physical Protection of Facilities

228.12
Willful destruction of protected property or buildings
$500.00
228.12
Willful damage to protected property or buildings
$250.00
228.12
Willful destruction of personal property while on protected

property
$500.00
228.12
Willful damage to personal property while on protected

property
$250.00
228.12
Creating a hazard to property, persons, or things on

Page 2 of 6
protected property
$250.00
228.12
Improper disposal of unauthorized or hazardous materials

on protected property
$250.00
228.12
Improper disposal of trash or rubbish on protected

property
228.12
Throwing articles at buildings or persons on protected

property
$50.00
$500.00
Disturbances on Protected Property

228.13
Impeding or threatening the security of protected property, or

any buildings or persons thereon
$500.00
228.13
Disrupting the performance of official duties by agency

employees
$250.00
228.13
Interfering with ingress or egress from protected property
$250.00
228.13
Engaging in disorderly conduct while on protected property $250.00
228.13
Failure to obey an order to depart the premises
$250.00
228.13
Obstructing the usual use of entrances, foyers, lobbies,

corridors, offices, elevators, stairways, or parking lots on
protected property
$250.00
228.13
Unwarranted loitering on protected property
$200.00
228.13
Creating a loud or unusual noise on protected property
$200.00
228.15
Bringing unauthorized animals on protected property
$160.00
Solicitation, Vending, Debt Collection, and Distribution

Page 3 of 6
of Unauthorized Materials
228.16
Unauthorized commercial or political soliciting on

protected property
$100.00
228.16
Unauthorized vending on protected property
$100.00
228.16
Unauthorized displaying or distributing of commercial

advertising on protected property
$100.00
228.16
Unauthorized private debt collection or other solicitation

on protected property
$100.00
228.17
Unauthorized distributing, posting, or affixing written

materials on protected property
$100.00
Texas Code Violations

Alcohol/Drugs/Interference with K-9:
PC - 49.031
Possession of Alcohol in Motor Vehicle
$190.00
HSC - 481.125
Possession of Drug Paraphernalia
$190.00
PC - 38.151
Interference with Police Service Animal
$250.00
Traffic Warning Signs/Barricades:

TC - 472.021
Tampering with Warning Devices
$160.00
TC - 472.022
Fail to Obey Warning Sign
$150.00
Registration of Vehicles:
Page 4 of 6
TC - 502.402
Operation of Unregistered Motor Vehicle
$160.00
TC - 502.404
Operation of Vehicle without Plate or Registration
TC - 502.407
Operation of Vehicle with Expired Plate
$160.00
TC - 502.408
Operation of Vehicle with Wrong License Plate
$160.00
$160.00
Vehicle Insurance:
TC - 601.051
Failure to Maintain Financial Responsibility
$270.00
Drivers License Regulations:

TC - 521.025
Failure to Display Drivers License
$150.00
TC - 521.021
Drivers License Required
$160.00
TC - 521.453
Fictitious License or Certificate
$170.00
TC - 521.457
Driving While License Invalid
$170.00
Traffic Signs, Signals, Markings:

TC - 544.010
Failure to Obey Stop/Yield Sign
$170.00
TC - 545.153
Failure to Yield Right of Way at Stop Sign/

Yield Sign
$170.00
TC - 544.004
Failure to Obey Traffic Control Device
$170.00
Operation and Movement of Vehicles:

TC - 545.156
Failure to Yield Right of Way to Emergency

Vehicles
$170.00
TC - 545.351
Maximum Speed Requirement (Driving Too Fast

For Conditions)
$220.00
Page 5 of 6
TC - 545.412
Child Passenger Safety Seat Violation
$215.00
TC - 545.413
Safety Belt Use
$140.00
TC - 545.401
Reckless Driving
$270.00
Vehicle Inspection:
TC - 548.602
Failure to Display Inspection Certificate
$150.00
Pedestrians:
TC - 552.003
Pedestrian Right-of-Way at Crosswalk
$150.00
(TC = Transportation Code; PC = Penal Code; ABC = Alcoholic Beverage Code;

HSC = Health and Safety Code)
Page 6 of 6
SECTION III - ATTORNEYS

RULE AT-1. ADMISSION OF ATTORNEYS
(a)
Eligibility for Admission.
(1)
In General. An attorney may be admitted to the bar of the U.S. District Court
for the Western District of Texas if the attorney is licensed to practice by the highest court of
a state, is in good standing in that bar; and has good personal and professional character. An
applicant who is not licensed to practice by the highest court of any state may apply for
admission, however, if admitted, such an attorney must obtain a license from the highest court
of any state within one year after being admitted to the bar of this Court.
(2)
Bankruptcy Court. An attorney seeking to practice before the Bankruptcy Court
for the Western District of Texas must make application to the U.S. District Court for the
Western District of Texas as this rule requires.
(b)
Application for Admission.
(1)
Contents. An application for admission must be made on the form prescribed
by the court. It must be supported by a certificate of good standing (or equivalent
documentation) from the highest state court and the United States district court, if licensed,
where the applicant practices. All certificates of good standing must be dated no earlier than
60 days before the date the application is filed. The application must also be supported by two
letters of recommendation in the form prescribed by the court. For an applicant residing in this
district, the letters must be from attorneys admitted to practice and in good standing in the bar
of this court. For an applicant practicing in another federal judicial district, the letters must be
from attorneys admitted to practice and in good standing in the bar of that court. The letters
must be written and dated no earlier than 6 months before the date the application is filed.
(2)
Seminar Requirement. Within one year before the application is filed, the
applicant must complete a live, video or on-line continuing legal education program on federal
court practice approved by the court, and must certify that attendance on a form prescribed by
the court. This requirement does not apply to a nonresident applicant who is admitted to
practice and in good standing in the bar of another U.S. district court. In the event that the
applicant was previously admitted to this Court and previously fulfilled the CLE requirement,
this requirement is waived.
(3)
Filing. An applicant residing in this district must file the application with the
clerk in the division where he or she resides. An applicant residing outside this district may file
the application in any division of the district.
(4)
Time for Completing Application. An applicant must complete all requirements
for admission (including any requested supplemental or explanatory information) within one
year after filing an application. If the applicant fails to do so, the application expires. In that
event, an applicant who seeks admission again must file a new application.
(c)
Divisional Committee on Admissions.

AT 1 - 1
In each division of this court there is
constituted a committee on admissions, which reviews applications for admission to the bar of this
court and makes appropriate recommendations to the court.
(1)
Composition. Each committee on admissions has five or more members,
including a chair. To the extent possible, the committee should include civil, criminal, and
bankruptcy practitioners. Those eligible for service on the committee are attorneys licensed
to practice in this district and in good standing, and maintaining a law office in the division
served. The members and chair are appointed by the judges resident in, or responsible for, the
division.
(2)
Terms. Membership terms should be staggered so that approximately one third
of the members' terms expire each year. The term is 3 years, unless a shorter period is required
to achieve staggered terms. The terms of members and the chair may be renewed one or more
times.
(3)
Quorum. A quorum of a committee consists of three members, participating
either in person or by electronic means.
(d)
Action on Applications.
(1)
Clerk's Duties. The clerk will inspect applications for completeness, and may
request the applicant to provide supplemental or explanatory information. The clerk will
forward completed applications to the committee chair.
(2)
Examination by the Committee. The committee will meet with reasonable
frequency to examine applications referred to it. The committee may request the applicant to
provide supplemental or explanatory information, and may request that the applicant appear
before it. If the committee determines that an applicant meets all requirements for admission,
it will report that recommendation to the judge or judges of the division. If the committee does
not recommend an applicant for admission, the chair of the Divisional Committee will promptly
inform the applicant.
(3)
Review by the Court. An applicant who is not recommended for admission may
request that the court review the application. A request for review must be made in writing
within 30 days of receipt of the committee's notification, addressed to the judge or judges of
the division, with a copy to the committee chair. Upon receipt of a request for court review, the
chair will send the committee's file on the applicant to the court.
(e)
Procedure for Admission.
(1)
In General. After approval by the committee, and upon motion of a member
of the bar of this court made in open court, an attorney may be admitted to practice. To
complete admission, the attorney must pay the prescribed admission fee, and must take in open
court the following oath or affirmation:
AT 1 - 2
"I do solemnly [swear or affirm] that I will discharge the duties of

attorney and counselor of this court faithfully, that I will demean
myself uprightly under the law and the highest ethics of our profession,
and that I will support and defend the Constitution of the United States."
(2)
Special Procedure for Non-Resident Attorney. A non-resident attorney who
has completed all other requirements for admission may, with the approval of a judge of the
division where the application was filed, have the oath or affirmation of admission administered
by a judge in another federal judicial district. When the attorney files the oath or affirmation
with the clerk and pays the prescribed admission fee, the attorney will be admitted to practice
in this district.
(f)
Appearance Pro Hac Vice.
(1)
In General. An attorney who is licensed by the highest court of a state or
another federal district court, but who is not admitted to practice before this court, may
represent a party in this court pro hac vice only by permission of the judge presiding. Unless
excused by the judge presiding, an attorney is ordinarily required to apply for admission to the
bar of this court.
(2)
Procedure. An attorney seeking admission pro hac vice must make application
on a form prescribed by the court, and must pay the prescribed fee to the clerk. An attorney
admitted pro hac vice must read and comply with the Local Court Rules for the Western
District of Texas. By appearing in any case, an attorney becomes subject to the rules of this
court.
(3)
Bankruptcy Court. Admission to practice pro hac vice before the districts
bankruptcy court rests in the sole discretion of the bankruptcy judge to whom the motion is
addressed. Such admission is limited to the particular case or matter for which it is approved;
it is not a general admission to practice before the bankruptcy court or the district court.
(g)
Special Procedures for an Attorney Employed by a Governmental Entity. An
application for admission by an attorney employed by the U.S. Department of Justice, the Attorney
General of Texas, the Federal Public Defender for the district, or other governmental entity must be
made on the form prescribed by the court, and supported with the required certificate of good standing.
In lieu of submitting two letters of recommendation, an attorney covered by this subdivision need only
submit a letter of recommendation from his or her supervising attorney. In addition, such an attorney
is exempt while so employed from payment of any fee for admission, pro hac vice appearance, or
membership renewal.
(h)
Renewal of Membership. A member of the bar of this court must renew the
membership every 3 years after admission by paying the prescribed renewal fee to the clerk. If the
renewal fee is not timely paid, the attorney will be removed from the rolls of the court. An attorney so
removed who wishes to practice in this court must reapply for admission.
AT 1 - 3
RULE AT-2. LOCAL COUNSEL

A judge presiding has discretion to require, upon notice, that an attorney who resides outside
the district designate as local counsel an attorney who is licensed in this court and maintains a law
office in this district. Local counsel must have authority to act as attorney of record for all purposes,
and must be prepared to present and argue the party's position at any hearing or status conference
called.
AT 2 - 1
RULE AT-3. WITHDRAWAL OF ATTORNEY

An attorney seeking to withdraw from a case must file a motion specifying the reasons for
withdrawal and providing the name and office address of the successor attorney. If the successor
attorney is not known, the motion must set forth the client's name, address, and telephone number, and
must bear either the client's signature or a detailed explanation why the client's signature could not be
obtained after due diligence.
AT 3 - 1
RULE AT-4. STANDARDS FOR PRETRIAL CONDUCT

(a)
Obligation to Cooperate. Before noticing or scheduling a deposition, hearing, or other
pretrial event, a lawyer should consult and work with opposing counsel to accommodate the needs and
reasonable requests of all witnesses and participating lawyers. In scheduling a pretrial event, lawyers
should strive to agree upon a mutually convenient time and place, seeking to minimize travel expense
and to allow adequate time for preparation. If a lawyer needs to reschedule a deposition or other
pretrial event, the lawyer should give prompt notice to all other counsel, explaining the conflict or other
compelling reason for rescheduling.
(b)
Requests for Extensions of Time. The court expects a lawyer to grant other lawyers'
requests for reasonable extensions of time to respond to discovery, pretrial motions, and other pretrial
matters. Opposing such requests wastes resources, unless the client's legitimate interests will be
adversely affected.
(c)
Written Submissions. Briefs and memoranda should not refer to or rely on facts that
are not properly of record. A lawyer may, however, present historical, economic, or sociological data
if the applicable rules of evidence support the data's admissibility. Neither written submissions nor oral
presentations should disparage the integrity, intelligence, morals, ethics, or personal behavior of an
adversary unless such matters are directly relevant under the controlling substantive law.
(d)
Communication with Adversaries. A lawyer's role is to zealously advance the
legitimate interests of the client, while maintaining appropriate standards of civility and decorum. In
dealing with others, a lawyer should not reflect any ill feelings that the client may have toward the
adversary. A lawyer should treat all other lawyers, all parties, and all witnesses courteously, not only
in court, but also in other written and oral communication. A lawyer should refrain from acting upon
or manifesting bias or prejudice toward any person involved in the litigation.
(e)
Discovery. A lawyer should conduct discovery to elicit relevant facts and evidence,
and not for an improper purpose, such as to harass, intimidate, or unduly burden another party or a
witness. When a discovery dispute arises, opposing lawyers should attempt to resolve it by working
cooperatively together. A lawyer should refrain from filing motions to compel or for sanctions unless
all reasonable efforts to resolve the dispute with opposing counsel have been exhausted.
(f)
Motion Practice. Before filing a non-dispositive motion, a lawyer should make a
reasonable effort to resolve the issue without involving the court. A lawyer who has no valid objection
to an opponent's proposed motion should promptly make this position known to opposing counsel. If,
after opposing a motion, a lawyer determines that the opposition was mistaken, then the lawyer should
promptly so advise opposing counsel and the court.
(g)
Settlement and Alternative Dispute Resolution.
(1)
A lawyer should educate the client early in the legal process about various
methods of resolving disputes without trial, including mediation and neutral case evaluation.
A lawyer should advise the client of the benefits of settlement, including savings to the client,
greater control over the process and the result, and a more expeditious resolution of the dispute.
At the earliest practicable time, a lawyer should provide the client with a realistic assessment
of the potential outcome of the case so that the client may effectively assess various approaches
AT 4 - 1
to resolving the dispute. As new information is obtained during the pretrial phase, the lawyer
should revise the assessment as necessary. When enough is known about the case to make
settlement negotiations meaningful, a lawyer should explore settlement with the client and with
opposing counsel.
(2)
A lawyer must promptly inform the court of any settlement, whether partial or
entire, with any party, or the discontinuance of any issue.
(h)
Stipulations; Expediting Trial. In civil cases, a lawyer should stipulate in advance
with opposing counsel to all non-controverted facts; give opposing counsel, on reasonable request, an
opportunity to inspect, in advance, all non-impeaching evidence as the law permits; and, in general,
take reasonable steps to avoid delays and to expedite the trial.
AT 4 - 2
RULE AT-5. STANDARDS FOR CONDUCT BEFORE THE JUDGE AND JURY
The dignity, decorum and courtesy that traditionally characterize the courts of civilized nations
are not empty formalities. They are essential to a courtroom atmosphere in which justice can be
achieved. Accordingly, this court requires the following:
(a)
A lawyer must be punctual in making all court appearances and fulfilling all
professional commitments. In case of tardiness or absence from a court appearance, a lawyer should
promptly notify the court and opposing counsel.
(b)
An attorney must be attired in a proper and dignified manner, and should abstain from
any apparel or ornament calculated to attract attention. A lawyer should refrain from assuming an
undignified posture.
(c)
A lawyer must display a courteous, dignified and respectful attitude toward the judge
presiding, not for the sake of the judge's person, but to show respect for and confidence in the judicial
office. A lawyer must rise when addressing, or being addressed by, the judge.
(d)
A lawyer must never be unfair or abusive or inconsiderate to adverse witnesses or
opposing litigants, or ask any question not intended to legitimately impeach but only to insult or
degrade the witness.
(e)
counsel.
A 1awyer must avoid disparaging personal remarks or acrimony toward opposing
(f)
A lawyer must advise the client, witnesses, and spectators of the behavior and decorum
required in the courtroom, and take all reasonable steps to prevent disorder or disruption of court
proceedings.
(g)
A lawyer must disclose to the judge and opposing counsel any information of which the
lawyer is aware that a juror or a prospective juror has or may have any interest, direct or indirect, in
the outcome of the case, or is acquainted or connected in any manner with any lawyer in the case or
any partner or associate or employee of the lawyer, or with any litigant, or with any person who has
appeared or is expected to appear as a witness, unless the judge and opposing counsel have previously
been made aware of that fact by voir dire examination or otherwise.
(h)
During the trial of a case a lawyer connected with the case must not communicate with
or cause another to communicate with any member of the jury, and a lawyer who is not connected with
the case must not communicate with or cause another to communicate with a juror concerning the case.
(i)
A lawyer should avoid, as much as possible, approaching the bench. A lawyer should
anticipate questions that may arise during the trial, and take them up with the court and opposing
counsel in a pretrial hearing. If, however, it becomes necessary for an attorney to confer with the court
at the bench, leave of court should be requested.
(j)
A lawyer must question witnesses and deliver jury arguments from the lectern, which
may be moved to face the jury. If it becomes necessary to question or argue from another location,
leave of court should be requested.
AT 5 - 1
(k)
A lawyer must hand all papers intended for the court to see to the courtroom deputy
clerk, who will pass them up to the judge. Hand to the clerk, rather than the court reporter, any exhibits
to be marked which have not previously been identified; and give the clerk, as soon as convenient
before the trial, a list of witnesses showing the probable order in which they will be called.
(l)
Photographing, broadcasting or televising any judicial proceeding or any person directly
or indirectly involved in a proceeding, whether court is in session or not, in or from any part of a United
States Courthouse, is prohibited, except with the permission of the judge presiding.
(m)
Audio recorders, audio- or video-recording cell phones, or other means of recording the
proceedings must not be brought into a courtroom, except with the permission of the judge presiding.
This rule does not apply to such recorders or other devices used by, and under the direction and control
of, a judicial officer or the official court reporter.
(n)
Cell phones, pagers, e-mail devices, and music players must be turned off while inside
a courtroom.
(o)
The following are prohibited in a courtroom:
(1)
(2)
presiding);
(3)
(4)
using tobacco in any form;

consuming or possessing beverages or edibles (except as permitted by the judge
chewing gum while court is in session;
unnecessary talking or other unnecessary noises while court is in session.
AT 5 - 2
RULE AT-6. PUBLICITY AND TRIAL MANAGEMENT

(a)
In General. A lawyer should try a case in court and not in the news media. A lawyer
must not make an extrajudicial statement that a reasonable person would expect to be disseminated by
means of public communication if the lawyer knows or reasonably should know that the statement has
a substantial likelihood of materially prejudicing an adjudicative proceeding.
(b)
Criminal Investigation. With respect to a grand jury or other pending investigation of
a criminal matter, a lawyer participating in the investigation must refrain from making any extrajudicial
statement, for dissemination by any means of public communication, that goes beyond the public
record or that is not necessary to inform the public that the investigation is underway, to describe the
general scope of the investigation, to warn the public of any dangers, to obtain assistance in the
apprehension of a suspect, or to otherwise aid in the investigation.
(c)
Criminal Prosecution. From time of arrest, issuance of an arrest warrant, or filing of
a complaint, information, or indictment in any criminal matter until the commencement of trial or
disposition without trial, a lawyer associated with the prosecution or defense must not release or
authorize the release of any extrajudicial statement, for dissemination by any means of public
communication, related to that matter and concerning:
(1)
the prior criminal record (including arrests and criminal charges), or the
character or reputation of the accused, except that the lawyer may make a factual statement of
the accused's name, age, residence, occupation, and family status, and if the accused has not
been apprehended, a lawyer associated with the prosecution may release any information
necessary to aid in his apprehension or to warn the public of dangers he may present;
(2)
the existence or contents of any confession, admission, or statement given by
the accused, or the refusal or failure of the accused to make any statement;
(3)
the performance of any examinations or tests or the accused's refusal or failure
to submit to an examination or test;
(4)
the identity, testimony, or credibility of prospective witnesses, except that the
lawyer may announce the identity of the victim if the announcement is not otherwise prohibited
by law;
(5)
the possibility of a plea of guilty to the offense charged or a lesser offense; or
(6)
any opinion as to the accused's guilt or innocence or as to the merits of the case
or the evidence in the case.
(d)
Criminal Trial. During the trial of any criminal matter, including jury selection, a
lawyer associated with the prosecution or defense must not give or authorize any extrajudicial
statement or interview, relating to the trial or the parties or issues in the trial, for dissemination by any
means of public communication, except that the lawyer may quote from or refer without comment to
public records filed in the case.
(e)
Sentencing Phase. After guilt is found in a criminal case and before sentence is
AT 6 - 1
imposed, a lawyer associated with the prosecution or defense must not make or authorize any
extrajudicial statement for dissemination by any means of public communication if there is a
reasonable likelihood that the statement will affect the sentence.
(f)
Permitted Statements in Criminal Matters. This rule does not preclude the lawyer,
in the proper discharge of his or her official or professional duty, from:
(1)
announcing the fact and circumstances of arrest (including time and place of
arrest, resistance, pursuit, and use of weapons), the identity of the investigating and arresting
officer or agency, and the length of the investigation;
(2)
making an announcement, at the time of seizure of any physical evidence other
than a confession, admission or statement, limited to a description of the evidence seized;
(3)
disclosing the nature, substance, or text of the charge, including a brief
description of the offense charged;
him.
(4)
quoting or referring without comment to public records of the court in the case;
(5)
announcing the scheduling or result of any stage in the judicial process;
(6)
requesting assistance in obtaining evidence; or
(7)
announcing without elaboration that the accused denies the charges made against
(g)
Special Orders. In a widely publicized or sensational case, the court on motion of
either party or its own motion, may issue a special order governing extrajudicial statements by
participants likely to interfere with the rights of the accused to a fair trial by an impartial jury, the
courtroom seating and conduct of spectators and news media representatives, the management and
sequestration of jurors and witnesses, and any other matters the court may deem appropriate. The order
might address some or all of the following subjects, among others:
(1)
a proscription of extrajudicial statements by participants in the trial, including
lawyers, parties, witnesses, jurors, and court officials, which have a substantial likelihood of
divulging prejudicial matter not of public record in the case;
(2)
specific directives regarding the clearing of courthouse entrances and hallways
and the management of the jury and witnesses during the course of the trial to avoid their
mingling with or being in proximity of reporters, photographers, parties, lawyers, and others,
both in entering and leaving the courtroom and courthouse, and during recesses in the trial;
(3)
a specific directive that the jurors refrain from reading, listening to, or watching
news reports concerning the case, and that they similarly refrain from discussing the case with
anyone during the trial and from communicating with others in any manner during their
deliberations;
(4)
sequestration of the jury on motion of either party or on the court's own, without
disclosing any movant's identity;
AT 6 - 2
(5)
a directive that the names and addresses of jurors or prospective jurors not be
publicly released except as required by statute, and that no photograph be taken or sketch made
of any juror within the environs of the court;
(6)
(7)
news media.
insulation of witnesses from news interviews during the trial period;

specific directives regarding the seating of spectators and representatives of the
AT 6 - 3
RULE AT-7. DISCIPLINE OF ATTORNEYS

(a)
Standards of Professional Conduct. Members of the bar of this court and any
attorney permitted to practice before this court must comply with the standards of professional conduct
set out in the Texas Disciplinary Rules of Professional Conduct, Texas Government Code, Title 2,
Subtitle G, App. A, art. X, sec. 9 (Vernon) which are hereby adopted as the standards of professional
conduct of this court. This specification is not exhaustive of the standards of professional conduct. For
matters not covered by the Texas rules, the American Bar Association's Model Rules of Professional
Conduct should be consulted.
(b)
District Disciplinary Committee. There is constituted a District Disciplinary
Committee, which assists the district court and the bankruptcy court in investigating complaints about
the qualification, conduct, and performance of members of their bar.
(1)
Composition. The committee has 15 members. Those eligible for service on the
committee are attorneys licensed to practice in this district and in good standing, and residing
within the district. The committee should include civil, criminal, and bankruptcy practitioners.
Five members must be residents of the Austin and Waco Divisions, five members must be
residents of the San Antonio and Del Rio Divisions, and five members must be residents of the
El Paso, Midland-Odessa and Pecos Divisions. The members are appointed by the active
judges resident in, or responsible for, those divisions. The chair and vice-chair are designated
by the chief judge of the district.
(2)
Terms. Membership terms should be staggered so that one third of the members'
terms expire each year. The term is 3 years, unless a shorter period is required to achieve
staggered terms. The terms of members and the chair may be renewed one or more times.
(c)
Grounds for Referral to the District Disciplinary Committee. An attorney may be
referred by any Magistrate Judge, Bankruptcy Judge or District Judge to the District Disciplinary
Committee for appropriate review, investigation, and recommendation if there is reason to believe that
the attorney:
(1)
has been convicted of a felony offense or a crime involving dishonesty or false
statement in any state or federal court;
(2)
had his or her license to practice law in any jurisdiction suspended, revoked, or
otherwise limited by any appropriate disciplinary authority;
(3)
resigned his or her license to practice law in any state or any federal court;
(4)
has engaged in conduct that violates the Texas Disciplinary Rules of
Professional Conduct;
(5)
fails to comply with any rule or order issued by a judge of this court;
(6)
presents an impediment to the orderly administration of justice or the integrity
of the court; or
(Rev: 12/17/09)
AT 7 - 1
(7)
represents a client in such a manner as to raise a serious question concerning the
quality of the attorney's professional performance.
(d)
Discipline Imposed by a Judge Presiding. Notwithstanding any other provision of
these rules, any judge, including a bankruptcy judge or a magistrate judge, has inherent authority to
discipline an attorney who appears before him or her. However, any judge contemplating disbarring
an attorney or preventing an attorney from practicing district-wide will refer the attorney to the District
Disciplinary Committee. If a judge believes emergency circumstances exist that require the immediate
suspension of an attorney, that judge may request that all active district judges immediately consider
the matter. Upon a majority vote of the active district judges, an attorney may immediately be
suspended from practicing in the district pending a report and recommendation from the District
Disciplinary Committee. If a bankruptcy judge believes emergency circumstances exist that requires
the immediate suspension of an attorney, that bankruptcy judge may request that all active district and
bankruptcy judges immediately consider the matter. Upon a majority vote of the active district and
bankruptcy judges, an attorney may immediately be suspended from practicing in the district pending
a report and recommendation from the District Disciplinary Committee.
(e)
Self-Reporting by Attorneys. A member of the bar of this court must promptly report
in writing to the clerk, with full details and copies of pertinent documents, if any of the following
occur:
(1)
statement;
the attorney is convicted of a felony or a crime involving dishonesty or false
(2)
the attorney loses or relinquishes, temporarily or permanently, the right to
practice in any court of record (other than voluntarily relinquishment, not under any
disciplinary order or threat of discipline); or
(3)
the attorney is disciplined, publicly or privately, by any bar, court, court agency,
or court committee.
(f)
Procedure upon a Referral.
(1)
Notice. Promptly upon receipt of a referral, the chair of the District Disciplinary
Committee must inform the subject attorney in writing of the nature of the referral and the
attorney's obligations under this rule.
(2)
Answer. Within 14 days after receiving notice of a referral under this rule, the
attorney must respond in writing to the committee chair. The respondent attorney must admit
or deny each claim asserted, and state concisely any defense to a claim.
(3)
Screening. The chair will assign the referral along with the respondent's
response to a screening subcommittee. The subcommittee consists of one or more members of
the full committee designated by the chair who reside in the same region as the referred
attorney (e.g., Austin/Waco; San Antonio/Del Rio; West Texas). At least one member of the
screening subcommittee must be an attorney who practices in the same area as the referred
(Rev: 12/17/09)
AT 7 - 2
attorney (e.g., civil, criminal or bankruptcy). The subcommittee will conduct such preliminary
inquiry it deems appropriate and may request the respondent to meet with it informally to
provide an explanation. After this screening, if the subcommittee determines no further
investigation is required and no discipline should be imposed, it will so inform the committee
chair. The chair will then inform the chief judge and the respondent of the recommendation.
(4)
Assignment to a Panel. If the screening subcommittee determines that the
matter may warrant disciplinary action, it will inform the committee chair. The chair will then
designate a panel and assign the matter to it. The panel must include three or more members
of the full committee who reside in the same region as the respondent (e.g., Austin/Waco; San
Antonio/Del Rio; West Texas). At least one member of the panel must be an attorney who
practices in the same area as the referred attorney (e.g. civil, criminal or bankruptcy).
Members of the initial screening subcommittee may serve as members of the panel. The chair
will notify the respondent in writing of this assignment and what matters will be investigated.
(5)
Investigation. No earlier than 10 days after notice to the respondent of the
assignment, the panel will conduct such investigation it deems appropriate including
questioning witnesses and holding a hearing with the respondent present. Full cooperation with
any committee investigation is an obligation of any member of the bar of this court.
(6)
Panel Report and Recommendation. After investigation the panel will render
a report and recommendation as to whether the respondent committed any violation and what
disciplinary action, if any, should be imposed. Absent good cause shown by the chair of the
District Disciplinary Committee, the court expects that a report and recommendation will be
completed within 6 months after the referral. The chair will send the complete report and
recommendation to the chief judge and a summary of the report and recommendation to the
respondent.
(7)
Objections to Report and Recommendation. Within 14 days after receipt of the
summary report and recommendation, the respondent may submit objections to it, seek
revisions, and suggest alternatives to the recommendation. The panel, after considering the
response, may modify, amend, revoke, or adhere to its original recommendation and will so
inform the committee chair. The chair will then send a copy of the final report and
recommendation to the chief judge and a summary final report and recommendation to the
respondent.
(g)
Determination by a District Judge. Within 7 days after receipt of the summary final
report and recommendation, the respondent may contest any recommendation by written submission
to the chief judge. Whether contested or not, the chief judge will assign the matter to a district judge
for determination. The judge may conduct a hearing, and may appoint any member of the court's bar
to assist in the hearing. The judge's decision as to whether disciplinary action is warranted, and what
sanction to impose, is a final ruling of the court.
(h)
Confidentiality. All papers pertaining to a matter referred to the committee must be
kept confidential, except as otherwise provided above, unless the respondent requests in writing that
the papers be opened to the public.
(Rev: 12/17/09)
AT 7 - 3
(i)
Referral to Other Disciplinary Authority. The chief judge may forward a copy of the
committee's records and any court action regarding an attorney to the appropriate disciplinary authority
of any bar or court that authorizes the attorney to practice law.
AT 7 - 4
RULE AT-8.
QUALIFIED LAW STUDENTS AND UNLICENSED LAW

SCHOOL GRADUATES
(a)
A qualified law student or a qualified unlicensed law school graduate who has been
certified under Texas Government Code 81.102 and the Texas Supreme Court's "Rules and
Regulation Governing the Participation of Qualified Law Students and Qualified Unlicensed Law
School Graduates in the Trial of Cases in Texas" may be allowed to participate in hearings in this court,
with the permission of the judge presiding, under the following terms:
(1)
The student or unlicensed graduate must provide the Clerk's Office a copy (front
and back) of his or her State Bar of Texas identification card. In so doing, the student or
unlicensed graduate certifies that he or she has read and is familiar with the Western District
of Texas Local Rules and will abide by them.
(2)
The Clerk's Office must retain copies of the identification card on file.
(3)
The supervising attorney named on the identification card and accompanying
the student or unlicensed graduate in court must be a member in good standing of the bar of this
court.
(b)
If the student or unlicensed law graduate is appearing with an attorney employed by a
governmental entity, the requirement for errors and omissions insurance is waived.
(c)
The scope of participation of a student or unlicensed graduate in any hearing rests within
the discretion of the judge presiding.
AT 8 - 1
RULE AT-9.
CHANGE OF ADDRESS
An attorney who changes his or her office address, telephone number, facsimile number, or
e-mail address must, within 30 days after the change, file with the clerk a notice of the change, along
with any new information.
AT 9 - 1
SECTION IV - APPENDICES
APPENDIX A
INFORMATION REQUIRED - MOTION FOR CLASS ACTION CERTIFICATION
A motion to certify a class must include, but is not limited to, the following:
(1) A brief statement of the case.
(2) A statement defining the class plaintiff seeks to have certified including its
geographical and temporal scope.
(3) A description of plaintiff's particular grievance and why that claim qualifies plaintiff
as a member of the class as defined.
(4) Whether the plaintiff contends that the action may be maintained under Rule 23(b)(1),
Rule 23(b)(2), or Rule 23(b)(3) and why.
(5) A statement respecting the four prerequisites of Federal Rule of Civil Procedure
23(a). The statement shall set forth:
a. The anticipated number of class members and how this number was
determined.
b. The common questions of law and fact involved.
c. The reasons why plaintiff's claim is typical of those of the other class members.
d. The reason why representation by the named plaintiff is adequate to protect the
interests of the class. This part of the statement shall specifically answer the
following questions:
(i) Is the claim of the named plaintiff presently or potentially in conflict
with that of any members of the class?
(ii) Will the claims of the class require subclasses presently or in the
future?
(iii) What is the prior experience of counsel for the plaintiff that would
indicate capability to handle the lawsuit?
(iv) Is counsel presently representing or has he at any time represented, a
class in any other class action, and if so, when and how many instances?
(v) How many cases is plaintiff's counsel now handling in which class
action allegations are made?
(6) A statement describing any other pending actions in any court against the defendants
alleging the same or similar causes of action.
(7) A statement that the attorney for the named plaintiff has discussed and thoroughly
explained to the plaintiff the nature of a class action and potential advantages and disadvantages
to the named plaintiff by proceeding in a class action rather than individually.
(8) A statement of the proposed notices to the members of the class and how and when
the notices will be given, including a statement regarding security deposit for the cost of notices.
(9) A description of the extent of any settlement negotiations that have taken place and
the likelihood of settlement with the named plaintiff on an individual basis. If such settlement is
likely, include a statement specifying:
a. Whether or not counsel have any knowledge of any person who has relied on
the fact that this suit was initially filed as a class action.
b. The manner in which counsel will protect the class in the event of settlement
with the named plaintiff on an individual basis.
(10) A statement of any other matters that the plaintiff deems necessary and proper to the
expedition of a decision on the motion and the speedy resolution of the case on the merits.
APPENDIX B
_____ DIVISION
_________________________
Plaintiff,
_________________________
Defendant.
NO.
SCHEDULING ORDER
Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court issues the following
Scheduling Order:
1. A report on alternative dispute resolution in compliance with Rule CV-88 shall be
filed by ________.
2. The parties asserting claims for relief shall submit a written offer of settlement to
opposing parties by _________, and each opposing party shall respond, in writing, by ________.
3. The parties shall file all motions to amend or supplement pleadings or to join
additional parties by _______.
4. All parties asserting claims for relief shall file their designation of testifying experts
and shall serve on all parties, but not file, the materials required by Federal Rule of Civil
Procedure 26(a)(2)(B) by __________ . Parties resisting claims for relief shall file their
designation of testifying experts and shall serve on all parties, but not file, the materials required
by Federal Rule of Civil Procedure 26(a)(2)(B) by __________ . All designations of rebuttal
experts shall be filed within 14 days of receipt of the report of the opposing expert.
5. An objection to the reliability of an expert's proposed testimony under Federal Rule of
Evidence 702 shall be made by motion, specifically stating the basis for the objection and
identifying the objectionable testimony, not later than ____ days of receipt of the written report
of the expert's proposed testimony, or not later than ____ days of the expert's deposition, if a
deposition is taken, whichever is later.
6. The parties shall complete all discovery on or before __________. Counsel may by
agreement continue discovery beyond the deadline, but there will be no intervention by the Court
except in extraordinary circumstances, and no trial setting will be vacated because of information
obtained in post-deadline discovery.
7. All dispositive motions as defined in Rule CV-7(c) shall be filed no later than
________________.
8. This case is set for trial [docket call, or jury selection] on ________ at _.m. The
parties should consult Rule CV-16 regarding matters to be filed in advance of trial.
SIGNED this _____ day of _________________.
___________________________________
UNITED STATES DISTRICT JUDGE
APPENDIX "B-1"
__________ DIVISION
___________________________,
Plaintiff,
vs.
___________________________,
Defendant.
NO. ____________________
NOTICE OF RIGHT TO CONSENT

TO TRIAL BY MAGISTRATE JUDGE
Pursuant to 28 U.S.C. 636(c)(1), all full-time United States Magistrate Judges are
authorized and empowered to try any civil case, jury or nonjury, with the consent of all parties to
the lawsuit. Because of the crowded condition of the criminal docket in this District and the
difficulty in reaching civil cases for trial, you may wish to consent to the trial of your case by a
United States Magistrate Judge. Your decision should be communicated to the United States
District Clerk's Office. Consent forms are available in the Clerk's office. Your consent to trial by
a Magistrate Judge must be voluntary, and you are free to withhold consent without suffering any
adverse consequences. If all parties do consent to trial of this case by a Magistrate Judge, the Court
will enter an order referring the case to a Magistrate Judge for trial and for entry of judgment.
____________________________________
UNITED STATES DISTRICT JUDGE
____________________________________
Date
"B-1" - 1
APPENDIX C
LOCAL RULES FOR THE ASSIGNMENT OF DUTIES
TO UNITED STATES MAGISTRATE JUDGES
RULE 1.
(a)
AUTHORITY OF UNITED STATES MAGISTRATE JUDGES

Duties Under 28 U.S.C. 636(a).
Each United States Magistrate Judge of this Court is authorized to perform the duties
prescribed by 28 U.S.C. 636(a), and may:
(1) Exercise all the powers and duties conferred or imposed upon United States
Commissioners by law and the Federal Rules of Criminal Procedure.
(2) Administer oaths and affirmations, impose conditions of release under 18
U.S.C. 3146, and take acknowledgments, affidavits and depositions; and
(3) Conduct extradition proceedings, in accordance with 18 U.S.C. 3184.
(b)
Disposition of Misdemeanor Cases 18 U.S.C. 3401.

A magistrate judge may:
(1) Try persons accused of, and sentence persons convicted of, misdemeanors
committed within this district in accordance with 18 U.S.C. 3401;
(2) Direct the probation service of the court to conduct a presentence investigation
in any misdemeanor case; and
(3) Conduct a jury trial in any misdemeanor case where the defendant so requests
and is entitled to trial by jury under the Constitution and laws of the United States.
(c)
Determination of Non-Dispositive Pretrial Matters~28

U.S.C. 636(b)(1)(A).
A magistrate judge may hear and determine any procedural or discovery motion or other
pretrial matter in a civil or criminal case, other than the motions which are specified in
subsection 1(d), infra, of these rules.
(d)
Recommendations Regarding Case-Dispositive Motions28 U.S.C.

636(b)(l)(B).
-1-
(1) A magistrate judge may submit to a judge of the court a report containing
proposed findings of fact and recommendations for disposition by the judge of the following
pretrial motions in civil and criminal cases:
A. Motions for injunctive relief, including temporary restraining orders
and preliminary and permanent injunctions;
B. Motions for judgment on the pleadings;
C. Motions for summary judgment;
D. Motions to dismiss or permit the maintenance of a class action;
E. Motions to dismiss for failure to state a claim upon which relief may be
granted;
F. Motions to involuntarily dismiss an action;
G. Motions for review of default judgments;
H. Motions to dismiss or quash an indictment or information made by a
defendant; and
I. Motions to suppress evidence in a criminal case.
(2) A magistrate judge may determine any preliminary matters and conduct any
necessary evidentiary hearing or other proceeding arising in the exercise of the authority
conferred by this subsection.
(e)
Prisoner Cases under 28 U.S.C. 2254 and 2255.
A magistrate judge may perform any or all of the duties imposed upon a judge by the
rules governing proceedings in the United States District Courts under 2254 and 2255 of Title
28, United States Code. In so doing, a magistrate judge may issue any preliminary orders and
conduct any necessary evidentiary hearing or other appropriate proceeding and shall submit to a
judge a report containing proposed findings of fact and recommendations for disposition of the
petition by the judge. Any order disposing of the petition may be made only by a judge.
(f)
Prisoner Cases under 42 U.S.C. 1983 and 28 U.S.C. 2241.
A magistrate judge may issue any preliminary orders and conduct any necessary
evidentiary hearing or other appropriate proceeding and shall submit to a judge a report
containing proposed findings of fact and recommendations for the disposition of petitions filed
by prisoners pursuant to 42 U.S.C. 1983 and 28 U.S.C. 2241.
-2-
(g)
Special Master References.
A magistrate judge may be designated by a judge to serve as a special master in

appropriate civil cases in accordance with 28 U.S.C. 636(b)(2) and Rule 53 of the Federal Rules
of Civil Procedure. Upon the consent of the parties, a magistrate judge may be designated by a
judge to serve as a special master in any civil case, notwithstanding the limitations of Rule 53(b)
of the Federal Rules of Civil Procedure.
(h)
Review of Administrative Agency Proceedings.
In a suit for judicial review of a final decision of an administrative agency, a magistrate

judge may be designated by a judge to review the record of administrative proceedings and
submit to the district judge a report and recommendation concerning (a) any defects in the agency
proceedings which constitute a violation of statute or regulation or a violation of due process, (b)
whether the matter should be remanded to the agency for additional factual determinations, and
(c) whether the record contains substantial evidence in support of the agency decision.
(i)
Conduct of Trials and Disposition of Civil Cases Upon

Consent of the Parties-- 28 U.S.C. 636(c).
Upon the consent of the parties, a full-time magistrate judge may conduct any or all
proceedings in any civil case which is filed in this court, including the conduct of a jury or
non-jury trial, and may order the entry of a final judgment, in accordance with 28 U.S.C. 636(c).
In the course of conducting such proceedings upon consent of the parties, a magistrate judge may
hear and determine any and all pretrial and post-trial motions which are filed by the parties,
including case-dispositive motions.
(j)
Other Duties.
A magistrate judge is also authorized to:

(1) Exercise general supervision of civil and criminal calendars, conduct calendar and
status calls, and determine motions to expedite or postpone the trial of cases for the judges;
(2) Conduct pretrial conferences, settlement conferences, omnibus hearings, and related
pretrial proceedings in civil and criminal cases;
(3) Conduct arraignments in criminal cases not triable by the magistrate judge and take
not guilty pleas in such cases;
(4) Receive grand jury returns in accordance with Rule 6(f) of the Federal Rules of
Criminal Procedure;
(5) Accept waivers of indictment, pursuant to Rule 7(b) of the Federal Rules of Criminal
Procedure;
-3-
(6) Accept petit jury verdicts in the absence of a judge;

(7) Conduct necessary proceedings leading to the potential revocation of misdemeanor
probation and revocation of felony or misdemeanor supervised release;
(8) Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad
prosequendum, or other orders necessary to obtain the presence of parties, witnesses or evidence
needed for court proceedings;
(9) Order the exoneration or forfeiture of bonds;
(10) Perform the functions specified in 18 U.S.C. 4107, 4108, 4109, regarding
proceedings for verification of consent by offenders to transfer to or from the United States and
the appointment of counsel therein;
(11) Preside over a naturalization ceremony and administer the oath required by 8 U.S.C.
1448(a);
(12) Supervise proceedings on requests for letters rogatory in civil and criminal cases if
designated by a district judge under 28 U.S.C. 1782(a);
(13) Consider and rule upon applications for administrative inspection warrants and
orders permitting entry upon a taxpayer's premises to effect levies in satisfaction of unpaid tax
deficits;
(14) Issue orders authorizing the installation and use of pen registers, traps and traces, and
issue orders directing a communications common carrier, including a telephone company, to
provide assistance to a named federal investigative agency in accomplishing the installation of
traps, traces and pen registers; and
(15) Perform any additional duty as is not inconsistent with the Constitution and laws of
the United States.
RULE 2.
(a)
ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES

General.
The method of assignment of duties to a magistrate judge and for the allocation of duties
among the several magistrate judges of the court shall be made in accordance with orders of the
court or by special designation of a judge.
(b)
Misdemeanor Cases.
All misdemeanor cases shall be assigned, upon the filing of an information, complaint, or
-4-
violation notice, or the return of an indictment, to a magistrate judge, who shall proceed in
accordance with the provisions of 18 U.S.C. 3401 and Rule 58, Federal Rules of Criminal
Procedure.
RULE 3.
(a)
PROCEDURE BEFORE THE MAGISTRATE JUDGE

In General.
In performing duties for the court, a magistrate judge shall conform to all applicable
provisions of federal statutes and rules, to the local rules of this court, and to the requirements
specified in any order of reference from a judge.
(b)
Special Provisions for the Disposition of Civil Cases by a Magistrate Judge

on Consent of the Parties-- 28 U.S.C. 636(c).
(1) Notice.
The clerk of court shall notify the parties in all civil cases that they may consent to have a
magistrate judge conduct any or all proceedings in the case and order the entry of a final
judgment. Such notice shall be handed or mailed to the plaintiff or his/her representative at the
time an action is filed and to other parties as attachments to copies of the complaint and
summons, when served. Additional notices may be furnished to the parties at later stages of the
proceedings, and may be included with pretrial notices and instructions.
(2) Execution of Consent.
The parties may sign separate consent forms; however, consent forms signed by all the
parties or their representatives will also be accepted. The consent forms should be sent to the
clerk of court. Unless all parties have consented to the reference, the decision of each party as
indicated on the consent forms shall not be made known to any judge or magistrate judge. No
magistrate judge, judge, or other court official may attempt to persuade or induce any party to
consent to the reference of any matter to a magistrate judge. This rule, however, shall not
preclude a judge or magistrate judge from informing the parties that they have the option of
referring a case to a magistrate judge.
(3) Reference.
After the consent form has been executed and filed, the clerk shall transmit it to the judge
to whom the case has been assigned for approval and referral of the case to a magistrate judge.
Once the case has been assigned to a magistrate judge, the magistrate judge shall have the
authority to conduct any and all proceedings to which the parties have consented and to direct the
clerk of court to enter a final judgment in the same manner as if a judge had presided.
-5-
RULE 4.
(a)
REVIEW AND APPEAL

Appeal of Non-Dispositive Matters--28 U.S.C. 636(b) (l)(A).
Any party may appeal from a magistrate judge's order determining a motion or matter
under subsection l (c) of these rules, supra, within 14 days after issuance of the magistrate judge's
order, unless a different time is prescribed by the magistrate judge or a judge. Such party shall
file with the clerk of court, and serve on the magistrate judge and all parties, a written statement
of appeal which shall specifically designate the order, or part thereof, appealed from and the basis
for any objection thereto. A judge of the court shall consider the appeal and shall set aside any
portion of the magistrate judge's order found to be clearly erroneous or contrary to law. The judge
may also reconsider sua sponte any matter determined by a magistrate judge under this rule.
(b)
Review of Case-Dispositive Motions and Prisoner

Litigation--28 U.S.C. 636(b)(l)(B).
Any party may object to a magistrate judge's proposed findings, recommendations or

report under subsections 1 (d), (e), (f) and (h) of these rules, supra, within 14 days after being
served with a copy thereof. The clerk of court shall notify the parties of this right when serving
copies of the report. Such party shall file with the clerk of court, and serve on the magistrate
judge and all parties, written objections which shall specifically identify the portions of the
proposed findings, recommendations or report to which objection is made and the basis for such
objections. A judge shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made and may accept,
reject, or modify, in whole or in part, the findings or recommendations made by the magistrate
judge. The judge, however, need conduct a new hearing only in his/her discretion or where
required by law, and may consider the record developed before the magistrate judge, making
his/her own determination on the basis of that record. The judge may also receive further
evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.
(c)
Special Master Reports-28 U.S.C. 636(b)(2).
Any party may seek review of, or action on, a special master report filed by a magistrate
judge in accordance with the provisions of Rule 53(e) of the Federal Rules of Civil Procedure.
(d)
Appeal from Judgments in Misdemeanor Cases-18 U.S.C. 3402.
A defendant may appeal a judgment of conviction by a magistrate judge in a

misdemeanor case by filing a notice of appeal to the District Court within 14 days after entry of
the judgment, and by serving a copy of the notice upon the United States Attorney. The scope of
appeal shall be the same as on an appeal from a judgment of the district court of the court of
appeals.
-6-
(e)
Appeal from Judgments in Civil Cases Disposed of on Consent of the

Parties-28 U.S.C. 636(c).
(1) Appeal to the Court of Appeals.
Upon the entry of judgment in any civil case disposed of by a magistrate judge on consent
of the parties under authority of28 U.S.C. 636(c) and subsection l(i) of these rules, supra, an
aggrieved party shall appeal directly to the United States Court of Appeals for this circuit in the
same manner as an appeal from any other judgment of this court.
(f)
Appeals from Other Orders of a Magistrate Judge.
Appeals from any other decisions and orders of a magistrate judge not provided for in this
rule should be taken as provided by a governing statute, rule, or decisional law.
-7-
ADDENDUM
General Order of July 17, 1981
ON THIS DATE came on to be considered those causes in which Plaintiff, pursuant to
42U.S.C. 405(g) and 5 U.S.C. 701 et seq., seeks review of a decision by the Secretary of the
Department of Health and Human Services upon an application for benefits under Title 42,
Chapter 7, Subchapter II, United States Code, and
In accordance with the authority vested in the United States Magistrate Judge pursuant to
the Amended Order for the Adoption of Rules for the exercise of Powers and Performance of
Duties by United States Magistrate Judges, adopted in the Western District of Texas on April 17,
1980.
IT IS HEREBY ORDERED that all matters in which Plaintiff, pursuant to 42 U.S.C.
405(g) and 5 U.S.C. 701 et seq., seeks review of a decision by the Secretary of the Department
of Health and Human Services upon an application for benefits under Title 42, Chapter 7,
Subchapter I~ United States Code, be referred by the Clerk to the United States Magistrate
Judges sitting in the San Antonio Division in accordance with a random assignment procedure
approved by the judges residing in the San Antonio Division.
IT IS FURTHER ORDERED that the United States Magistrate Judge is authorized to
issue all orders necessary to his/her review, and that, upon completion of his/her review, he/she
shall prepare a recommendation to the Court concerning the adjudication of these causes.
-8-
APPENDIX E
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
APPLICATION FOR ADMISSION
Instructions: Type or print your answers. Answer all questions fully. If the
question does not apply to you, answer "NA". An incomplete response will
delay processing of your application. Where the space provided is insufficient,
answer on additional sheets, with reference to the question.
1.
2.
(a) Full Name
(Last)
(First)
(b)
If you have ever been known by any other name, state the name
and the reason for using it:
(c)
Your name as you wish it to appear on the register:
(a)
Date of birth:
(b)
Place of birth:
(c)
If not native born, give date and place of naturalization:
3.
Business Name:
4.
Business Address:
Zip Code
5.
6.
(Middle)
(a)
Business Telephone: (
(b)
Business Fax: (
(c)
Business e-mail:
State Bar I.D. Number:
County
)
(Specify state if other than Texas)

[1]
7.
Residence Address:
Zip Code
County
8.
Residence Telephone: (
9.
Social Security Number: 1
10.
List states, federal possessions and territories in which you have been
admitted to practice law by the highest court. Indicate the year
admitted, status and areas of certified specialization.
State Year Admitted
11.
Current Standing
Specialization
List federal courts to which you have been admitted. Indicate the year
admitted and current status.
Court
Year Admitted
Current Standing
12.
List your law school, the date of graduation, and the degree received.
If you did not graduate from a law school, please describe your law
study in detail.
13.
Indicate any grievances or involuntary removals filed against you as a

lawyer. Describe the circumstances in detail.
1
Attorneys are requested to provide their Social Security Number in order to assist
the court in maintaining the integrity of its records.
[2]
14.
Describe in detail charges, arrests, or convictions for criminal

offenses(s). Omit minor traffic offenses.
ANSWER THE FOLLOWING QUESTIONS "YES" OR "NO" IN THE BLANK

PROVIDED; IF "YES", EXPLAIN FULLY ON A SEPARATE SHEET.
15.
(a) Have you ever been denied admission to the bar of
any State (including the District of Columbia) or any federal
court?
(b) Have you ever been disbarred, suspended from
practice, reprimanded, censured or otherwise disciplined or
disqualified as an attorney?
_
(c)
Has any adverse action, formal or informal, been
taken against you or your license to practice law by any grievance
committee, court, or other disciplinary body or committee?
_
16.
Have you ever held a bonded position in connection with which

anyone has sought to recover on your bond, or made a claim for
any alleged default?
17.
In connection with questions 17(a) through (c), the detailed

explanation of any affirmative answers shall include dates, exact
name and address of the court, if any, the case number, and
disposition.
(a) Have you ever been charged with any violation of any law,
other than minor traffic violations?
_________
[3]
(b) Have you ever been charged with fraud, formally or

otherwise, in any civil, criminal, bankruptcy, or administrative
case or proceeding?
(c)
Have you ever been denied a discharge in bankruptcy,
or had your discharge in bankruptcy revoked?
18. Are there any unsatisfied judgments against you, whether barred
by limitation or not?
(If so, give names and addresses of creditors, amounts, dates
and nature of judgments, courts, and reasons for non-payment.)
I swear that the information provided in the foregoing application

including attachments, if any, is true and correct. I acknowledge that by
accepting admission to this court I am subjecting myself to the discipline of
this court. I further certify that I have read and am familiar with the Federal
Rules of Civil Procedure and Local Rules of this court and alternative dispute
resolution procedures of the Western District of Texas and will advise clients
in any actions pending in this court regarding alternative dispute resolution
procedures. I further certify, if requested, I am willing to appear before this
court or any Committee appointed to test the qualifications of applicants for
admission to practice before this court.
I declare (or certify, verify, or state) under penalty of perjury under the
laws of the United States of America that the foregoing is true and correct.
Date
Signature
[4]
APPENDIX H
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
________________ DIVISION
_____________________________,
Plaintiff,
v.
_____________________________,
Defendant.
CIVIL ACTION NO. _________________
CONFIDENTIALITY AND PROTECTIVE ORDER

Before the court is the joint motion of the parties for the entry of a confidentiality and
protective order (Protective Order). After careful consideration, it is hereby ORDERED as
follows:
1.
Classified Information
Classified Information means any information of any type, kind, or character that is
designated as Confidential, For Counsel Only, or Attorneys Eyes Only by any of the
supplying or receiving persons, whether it be a document, information contained in a document,
information revealed during a deposition, information revealed in an interrogatory answer, or
otherwise.
2.
Qualified Persons
Qualified Persons means:

a.
For Counsel or Attorneys Only information:

i.
retained counsel for the parties in this litigation and their respective staff;
ii.
actual or potential independent experts or consultants (and their

administrative or clerical staff) engaged in connection with this litigation
(which shall not include the current employees, officers, members, or
agents of parties or affiliates of parties) who, prior to any disclosure of
Classified Information to such person, have signed a document agreeing to
[1]
be bound by the terms of this Protective Order (such signed document to

be maintained by the attorney retaining such person) and have been
designated in writing by notice to all counsel;
iii.
b.
c.
this court and its staff and any other tribunal or dispute resolution officer
duly appointed or assigned in connection with this litigation.
For Confidential information:

i.
the persons identified in subparagraph 2(a);
ii.
the party, if a natural person;
iii.
if the party is an entity, such officers or employees of the party who are
actively involved in the prosecution or defense of this case who, prior to
any disclosure of Confidential information to such person, have been
designated in writing by notice to all counsel and have signed a document
agreeing to be bound by the terms of this Protective Order (such signed
document to be maintained by the attorney designating such person);
iv.
litigation vendors, court reporters, and other litigation support personnel;
v.
any person who was an author, addressee, or intended or authorized

recipient of the Confidential information and who agrees to keep the
information confidential, provided that such persons may see and use the
Confidential information but not retain a copy.
Such other person as this court may designate after notice and an opportunity to
be heard.
3.
Designation Criteria
a.
Nonclassified Information. Classified Information shall not include information
that either:
i.
is in the public domain at the time of disclosure, as evidenced by a written

document;
ii.
becomes part of the public domain through no fault of the recipient, as

evidenced by a written document;
iii.
the receiving party can show by written document was in its rightful and
lawful possession at the time of disclosure; or
iv.
lawfully comes into the recipients possession subsequent to the time of

disclosure from another source without restriction as to disclosure,
provided such third party has the right to make the disclosure to the
receiving party.
[2]
b.
Classified Information. A party shall designate as Classified Information only
such information that the party in good faith believes in fact is confidential. Information that is
generally available to the public, such as public filings, catalogues, advertising materials, and the
like, shall not be designated as Classified.
Information and documents that may be designated as Classified Information include, but
are not limited to, trade secrets, confidential or proprietary financial information, operational
data, business plans, and competitive analyses, personnel files, personal information that is
protected by law, and other sensitive information that, if not restricted as set forth in this order,
may subject the producing or disclosing person to competitive or financial injury or potential
legal liability to third parties.
Correspondence and other communications between the parties or with nonparties may
be designated as Classified Information if the communication was made with the understanding
or reasonable expectation that the information would not become generally available to the
public.
c.
For Counsel or Attorneys Only.
The designation For Counsel Only or
Attorneys Eyes Only shall be reserved for information that is believed to be unknown to the
opposing party or parties, or any of the employees of a corporate party. For purposes of this
order, so-designated information includes, but is not limited to, product formula information,
design
information,
non-public
financial
information,
pricing
information,
customer
identification data, and certain study methodologies.

d.
Ultrasensitive Information. At this point, the parties do not anticipate the need for
higher levels of confidentiality as to ultrasensitive documents or information. However, in the

event that a court orders that ultrasensitive documents or information be produced, the parties
will negotiate and ask the court to enter an ultrasensitive information protocol in advance of
production to further protect such information.
[3]
4.
Use of Classified Information
All Classified Information provided by any party or nonparty in the course of this
litigation shall be used solely for the purpose of preparation, trial, and appeal of this litigation
and for no other purpose, and shall not be disclosed except in accordance with the terms hereof.
5.
Marking of Documents
Documents provided in this litigation may be designated by the producing person or by

any party as Classified Information by marking each page of the documents so designated with a
stamp indicating that the information is Confidential, For Counsel Only, or Attorneys Eyes
Only. In lieu of marking the original of a document, if the original is not provided, the
designating party may mark the copies that are provided. Originals shall be preserved for
inspection.
6.
Disclosure at Depositions
Information disclosed at (a) the deposition of a party or one of its present or former
officers, directors, employees, agents, consultants, representatives, or independent experts
retained by counsel for the purpose of this litigation, or (b) the deposition of a nonparty may be
designated by any party as Classified Information by indicating on the record at the deposition
that the testimony is Confidential or For Counsel Only and is subject to the provisions of this
Order.
Any party also may designate information disclosed at a deposition as Classified
Information by notifying all parties in writing not later than 30 days of receipt of the transcript of
the specific pages and lines of the transcript that should be treated as Classified Information
thereafter. Each party shall attach a copy of each such written notice to the face of the transcript
and each copy thereof in that partys possession, custody, or control. All deposition transcripts
shall be treated as For Counsel Only for a period of 30 days after initial receipt of the transcript.
To the extent possible, the court reporter shall segregate into separate transcripts
information designated as Classified Information with blank, consecutively numbered pages
[4]
being provided in a nondesignated main transcript. The separate transcript containing Classified
Information shall have page numbers that correspond to the blank pages in the main transcript.
Counsel for a party or a nonparty witness shall have the right to exclude from depositions
any person who is not authorized to receive Classified Information pursuant to this Protective
Order, but such right of exclusion shall be applicable only during periods of examination or
testimony during which Classified Information is being used or discussed.
7.
Disclosure to Qualified Persons
a.
To Whom. Classified Information shall not be disclosed or made available by the
receiving party to persons other than Qualified Persons except as necessary to comply with
applicable law or the valid order of a court of competent jurisdiction; provided, however, that in
the event of a disclosure compelled by law or court order, the receiving party will so notify the
producing party as promptly as practicable (if at all possible, prior to making such disclosure)
and shall seek a protective order or confidential treatment of such information. Information
designated as For Counsel Only shall be restricted in circulation to Qualified Persons described
in subparagraph 2(a).
b.
Retention of Copies During this Litigation.
Copies of For Counsel Only
information shall be maintained only in the offices of outside counsel for the receiving party and,
to the extent supplied to experts described in subparagraph 2(a)(ii), in the offices of those
experts. Any documents produced in this litigation, regardless of classification, that are provided
to Qualified Persons shall be maintained only at the office of such Qualified Person and only
necessary working copies of any such documents shall be made. Copies of documents and
exhibits containing Classified Information may be prepared by independent copy services,
printers, or illustrators for the purpose of this litigation.
c.
Each partys outside counsel shall maintain a log of all copies of For Counsel
Only documents that are delivered to Qualified Persons.
[5]
8.
Unintentional Disclosures
Documents unintentionally produced without designation as Classified Information later

may be designated and shall be treated as Classified Information from the date written notice of
the designation is provided to the receiving party.
If a receiving party learns of any unauthorized disclosure of Confidential information or
For Counsel Only information, the party shall immediately upon learning of such disclosure
inform the producing party of all pertinent facts relating to such disclosure and shall make all
reasonable efforts to prevent disclosure by each unauthorized person who received such
information.
9.
Documents Produced for Inspection Prior to Designation
In the event documents are produced for inspection prior to designation, the documents
shall be treated as For Counsel Only during inspection. At the time of copying for the receiving
parties, Classified Information shall be marked prominently Confidential, For Counsel Only,
or Attorneys Eyes Only by the producing party.
10.
Consent to Disclosure and Use in Examination
Nothing in this order shall prevent disclosure beyond the terms of this order if each party
designating the information as Classified Information consents to such disclosure or if the court,
after notice to all affected parties and nonparties, orders such disclosure. Nor shall anything in
this order prevent any counsel of record from utilizing Classified Information in the examination
or cross-examination of any person who is indicated on the document as being an author, source,
or recipient of the Classified Information, irrespective of which party produced such information.
11.
Challenging the Designation
a.
Classified Information. A party shall not be obligated to challenge the propriety
of a designation of Classified Information at the time such designation is made, and a failure to
do so shall not preclude a subsequent challenge to the designation. In the event that any party to
this litigation disagrees at any stage of these proceedings with the designation of any information
[6]
as Classified Information, the parties shall first try to resolve the dispute in good faith on an
informal basis, such as by production of redacted copies. If the dispute cannot be resolved, the
objecting party may invoke this Protective Order by objecting in writing to the party who
designated the document or information as Classified Information. The designating party shall
then have 14 days to move the court for an order preserving the designated status of the disputed
information. The disputed information shall remain Classified Information unless and until the
court orders otherwise. Failure to move for an order shall constitute a termination of the status of
such item as Classified Information.
b.
Qualified Persons. In the event that any party in good faith disagrees with the
designation of a person as a Qualified Person or the disclosure of particular Classified

Information to such person, the parties shall first try to resolve the dispute in good faith on an
informal basis. If the dispute cannot be resolved, the objecting party shall have 14 days from the
date of the designation or, in the event particular Classified Information is requested subsequent
to the designation of the Qualified Person, 14 days from service of the request to move the court
for an order denying the disposed person (a) status as a Qualified Person, or (b) access to
particular Classified Information. The objecting person shall have the burden of demonstrating
that disclosure to the disputed person would expose the objecting party to the risk of serious
harm. Upon the timely filing of such a motion, no disclosure of Classified Information shall be
made to the disputed person unless and until the court enters an order preserving the designation.
12.
Manner of Use in Proceedings
In the event a party wishes to use any Classified Information in affidavits, declarations,
briefs, memoranda of law, or other papers filed in this litigation, the party shall do one of the
following: (1) with the consent of the producing party, file only a redacted copy of the
information; (2) where appropriate (e.g., in connection with discovery and evidentiary motions)
provide the information solely for in camera review; or (3) file such information under seal with
the court consistent with the sealing requirements of the court.
[7]
13.
Filing Under Seal
The clerk of this court is directed to maintain under seal all documents, transcripts of
deposition testimony, answers to interrogatories, admissions, and other papers filed under seal in
this litigation that have been designated, in whole or in part, as Classified Information by any
party to this litigation consistent with the sealing requirements of the court.
14.
Return of Documents
Not later than 120 days after conclusion of this litigation and any appeal related to it, any
Classified Information, all reproductions of such information, and any notes, summaries, or
descriptions of such information in the possession of any of the persons specified in paragraph 2
(except subparagraph 2(a)(iii)) shall be returned to the producing party or destroyed, except as
this court may otherwise order or to the extent such information has been used as evidence at any
trial or hearing. Notwithstanding this obligation to return or destroy information, counsel may
retain attorney work product, including document indices, so long as that work product does not
duplicate verbatim substantial portions of the text of any Classified Information.
15.
Ongoing Obligations
Insofar as the provisions of this Protective Order, or any other protective orders entered
in this litigation, restrict the communication and use of the information protected by it, such
provisions shall continue to be binding after the conclusion of this litigation, except that (a) there
shall be no restriction on documents that are used as exhibits in open court unless such exhibits
were filed under seal, and (b) a party may seek the written permission of the producing party or
order of the court with respect to dissolution or modification of this, or any other, protective
order.
16.
Advice to Clients
This order shall not bar any attorney in the course of rendering advice to such attorneys
client with respect to this litigation from conveying to any party client the attorneys evaluation
in a general way of Classified Information produced or exchanged under the terms of this order;
provided, however, that in rendering such advice and otherwise communicating with the client,
[8]
the attorney shall not disclose the specific contents of any Classified Information produced by
another party if such disclosure would be contrary to the terms of this Protective Order.
17.
Duty to Ensure Compliance
Any party designating any person as a Qualified Person shall have the duty to reasonably
ensure that such person observes the terms of this Protective Order and shall be responsible upon
breach of such duty for the failure of such person to observe the terms of this Protective Order.
18.
Waiver
Pursuant to Federal Rule of Evidence 502, neither the attorney-client privilege nor work
product protection is waived by disclosure connected with this litigation.
19.
Modification and Exceptions
The parties may, by stipulation, provide for exceptions to this order and any party may
seek an order of this court modifying this Protective Order.
It is SO ORDERED this _____ day of __________, 20___.
___________________________
United States District Judge
[9]
APPENDIX "I"
GUIDELINES FOR NON-STENOGRAPHIC DEPOSITION
Depositions recorded by non-stenographic means, including videotape, are authorized
without the prior necessity of a motion and court order if taken under the following guidelines:
1.
The beginning of the videotape shall contain an announcement or other indication
of the style of the case, the cause number, the name of the court where the case is pending, the
physical location of the deposition, and an introduction of the witness, the attorneys, any parties
or party representative who may be present, the court reporter, the video technician, and any
other persons present at the deposition.
2.
The witness will be sworn on camera.
3.
The camera shall remain on the witness in standard fashion throughout the
deposition. Close-ups and other similar techniques are forbidden unless agreed to by the parties
or ordered by the court.
4.
The arrangement of the interrogation should be such that, in responding to the
interrogating attorney, the witness will look as directly into the camera as possible.
5.
No smoking shall be allowed during the videotape, and there should be no
unnecessary noise or movement.
6.
The party issuing the notice of the videotape deposition shall be responsible for
the original of the videotape, and other parties shall have the option to obtain copies at their cost.
7.
A time-date generator or other suitable indexing method must be used throughout
the course of recording the deposition.
8.
An announcement of the time on the videotape shall be made each time the
videotape is begun and is stopped.
9.
The time of conclusion of the videotape must be announced on the videotape.
"I" - 1
APPENDIX "J"
NOTICE REGARDING COMPLAINTS OF
JUDICIAL MISCONDUCT OR DISABILITY
To improve the administration of justice in the federal courts, Congress passed the Judicial
Conduct and Disability Act of 1980, codified at 28 U.S.C. 372(c). The law authorizes complaints
against United States circuit, district, bankruptcy, and magistrate judges who have "engaged in
conduct prejudicial to the effective and expeditious administration of the business of the courts" or
who are "unable to discharge all the duties of office by reason of mental or physical disability." The
conduct to which the law is addressed does not include making wrong judicial decisions, for the law
provides that a complaint may be dismissed if it is "directly related to the merits of a decision or
procedural ruling." The Judicial Council of the Fifth Circuit has adopted Rules Governing
Complaints of Judicial Misconduct or Disability. These rules apply to judges of the U. S. Court of
Appeals for the Fifth Circuit and to the district, bankruptcy, and magistrate judges of federal courts
within the Fifth Circuit. The circuit includes the states of Texas, Louisiana, and Mississippi.
These rules may be obtained from, and written complaints filed at, the following office:
Clerk
U. S. Court of Appeals, Fifth Circuit
600 Camp Street, Room 102
New Orleans, Louisiana 70130
"J" - 1
APPENDIX "K"
PLAN FOR PROMPT DISPOSITION OF CRIMINAL CASES
PURSUANT TO THE SPEEDY TRIAL ACT OF 1974--
18 U.S.C. 3165(e)(3)
SECTION II
STATEMENT OF TIME LIMITS
ADOPTED BY THE COURT AND
PROCEDURES FOR IMPLEMENTING THEM
Pursuant to the requirements of Rule 50(b) of the Federal Rules of Criminal Procedure, the
Speedy Trial Act of 1974 (18 U.S.C. Chapter 208), the Speedy Trial Act Amendments Act of 1979
(Pub. L. No. 96-43, 93 Stat. 327), and the Federal Juvenile Delinquency Act (18 U.S.C. 5036,
5037), the Judges of the United States District Court for the Western District of Texas have adopted
the following time limits and procedures to minimize undue delay and to further the prompt
disposition of criminal cases and certain juvenile proceedings:
A.
Applicability.
1.
Offenses. The time limits set forth herein are applicable to all criminal
offenses triable in this Court,1 including cases triable by United States Magistrates, except
for petty offenses as defined in 18 U.S.C. 1(3). Except as specifically provided, they are not
applicable to proceedings under the Federal Juvenile Delinquency Act. [3172]
2.
Persons. The time limits are applicable to persons accused who have not been
indicted or informed against as well as those who have, and the word "defendant" includes
such persons unless the context indicates otherwise.
B.
Priorities In Scheduling Criminal Cases.
Preference shall be given to criminal proceedings as far as practicable as required

by Rule 50(a) of the Federal Rules of Criminal Procedure. The trial of defendants in custody
solely because they are awaiting trial and of high-risk defendants as defined in Section E
should be given preference over other criminal cases. [3164(a)]
"K" - 1
18 U.S.C. 3172 defines offenses as "any Federal criminal offense which is in violation
of any Act of Congress..."
C.
Time Within Which An Indictment Or Information Must Be Filed.
(1)
Time Limits. If an individual is arrested or served with a summons and the
complaint charges an offense to be prosecuted in this district, any indictment or information
subsequently filed in connection with such charge shall be filed within 30 days of arrest or
service. [3161(b)]
(2)
Grand Jury Not In Session. If the defendant is charged with a felony to be
prosecuted in this district, and no grand jury in the district has been in session during the 30day period prescribed in subsection (1), such period shall be extended an additional 30 days.
[3161(b)]
(3)
Measurement Of Time Periods. If a person has not been arrested or served
with a summons on a Federal charge, an arrest will be deemed to have been made at such
time as the person (i) is held in custody solely for the purpose of responding to a Federal
charge; (ii) is delivered to the custody of a Federal official in connection with a Federal
charge; or (iii) appears before a judicial officer in connection with a Federal charge.
(4)
Related Procedures.
(a)
At the time of the earliest appearance before a judicial officer of a
person who has been arrested for an offense not charged in an indictment or
information, the judicial officer shall establish for the record the date on which the
arrest took place.
(b)
In the absence of a showing to the contrary, a summons shall be
considered to have been served on the date of service shown on the return thereof.
D.
Time Within Which Trial Must Commence.
(1)
Time Limits. The trial of a defendant shall commence not later than 70 days
after the last to occur of the following dates:
(a)
The date on which an indictment or information is filed in this district;
(b)
The date on which a sealed indictment or information is unsealed; or
(c)
The date of the defendant's first appearance before a judicial officer
of this district. [3161(c)(1)]
"K" - 2
(2)
Retrial: Trial After Reinstatement of an Indictment or Information. The
retrial of a defendant shall commence within 70 days from the date the order occasioning the
retrial becomes final, as shall the trial of a defendant upon an indictment or information
dismissed by a trial court and reinstated following an appeal. If the retrial or trial follows an
appeal or collateral attack, the court may extend the period if unavailability of witnesses or
other factors resulting from passage of time make trial within 70 days impractical. The
extended period shall not exceed 180 days. [3161(d)(2),(e)]
(3)
Withdrawal of Plea. If a defendant enters a plea of guilty or nolo contendere
to any or all charges in an indictment or information and is subsequently permitted to
withdraw it, the time limit shall be determined for all counts as if the indictment or
information were filed on the day the order permitting withdrawal of the plea became final.
[3161(i)]
(4)
Superseding Charges. If, after an indictment or information has been filed,
a complaint, indictment, or information is filed which charges the defendant with the same
offense or with an offense required to be joined with that offense, the time limit applicable
to the subsequent charge will be determined as follows:
(a)
If the original indictment or information was dismissed on motion of
the defendant before the filing of the subsequent charge, the time limit shall be
determined without regard to the existence of the original charge. [3161(d)(1)]
(b)
If the original indictment or information is pending at the time the
subsequent charge is filed, the trial shall commence within the time limit for
commencement of trial on the original indictment or information. [3161(h)(6)]
(c)
If the original indictment or information was dismissed on motion of
the United States Attorney before the filing of the subsequent charge, the trial shall
commence within the time limit for commencement of trial on the original indictment
or information, but the period during which the defendant was not under charges shall
be excluded from the computations. Such period is the period between the dismissal
of the original indictment or information and the date the time would have
commenced to run on the subsequent charge had there been no previous charge.2
[3161(h)(6)]
"K" - 3
Under the rule of this paragraph, if an indictment was 2 dismissed on motion of the
prosecutor on May 1, with 20 days remaining within which trial must be commenced, and the
defendant was arrested on a new complaint on June 1, the time remaining for trial would be 20
days from June 1: the time limit would be based on the original indictment, but the period from
the dismissal to the new arrest would not count. Although the 30-day arrest-to-indictment time
limit would apply to the new arrest as a formal matter, the short deadline for trial would
necessitate earlier grand jury action.
If the subsequent charge is contained in a complaint, the formal time limit

within which an indictment or information must be obtained on the charge shall be
determined without regard to the existence of the original indictment or information,
but earlier action may in fact be required if the time limit for commencement of trial
is to be satisfied.
(5)
Measurement of Time Periods. For the purposes of this section:
(a)
If a defendant signs a written consent to be tried before a magistrate
and no indictment or information charging the offense has been filed, the time limit
shall run from the date of such consent.
(b)
In the event of a transfer to this district under Rule 20 of the Federal
Rules of Criminal Procedure, the indictment or information shall be deemed filed in
this district when the papers in the proceeding or certified copies thereof are received
by the clerk.
(c)
of voir dire.
A trial in a jury case shall be deemed to commence at the beginning
(d)
A trial in a nonjury case shall be deemed to commence on the day the
case is called, provided that some step in the trial procedure immediately follows.
(6)
Related Procedures.
(a)
At the time of the defendant's earliest appearance before a judicial
officer of this district, the officer will take appropriate steps to assure that the
defendant is represented by counsel and shall appoint counsel where appropriate
under the Criminal Justice Act and Rule 44 of the Federal Rules of Criminal
Procedure.
(b)
The court shall have sole responsibility for setting cases for trial after
consultation with counsel. At the time of arraignment or as soon thereafter as is
practicable, each case will be set for trial on a day certain or listed for trial on a
weekly or other short-term calendar. [3161(a)]
(c)
Individual calendars shall be managed so that it will be reasonably
anticipated that every criminal case set for trial will be reached during the week of
original setting. A conflict in schedules of Assistant United States Attorneys or
defense counsel will be ground for a continuance or delayed setting only if approved
by the court and called to the court's attention at the earliest practicable time.
"K" - 4
(d)
In the event that a complaint, indictment, or information is filed against
a defendant charged in a pending indictment or information or in an indictment or
information dismissed on motion of the United States Attorney, the trial on the new
charge shall commence within the time limit for commencement of trial on the
original indictment or information unless the court finds that the new charge is not for
the same offense charged in the original indictment or information or an offense
required to be joined therewith.
(e)
At the time of the filing of a complaint, indictment, or information
described in paragraph (d), the United States Attorney shall give written notice to the
court of that circumstance and of his position with respect to the computation of the
time limits.
(f)
All pretrial hearings shall be conducted as soon after the arraignment
as possible, consistent with the priorities of other matters on the court's criminal
docket.
E.
Defendants in Custody and High-Risk Defendants.3
(1)
Time Limits. Notwithstanding any longer time periods that may be permitted
under sections C and D, the following time limits will also be applicable to defendants in
custody and high-risk defendants as herein defined:
(a)
The trial of a defendant held in custody solely for the purpose of trial
on a Federal charge shall commence within 90 days following the beginning of
continuous custody.
(b)
The trial of a high-risk defendant shall commence within 90 days of
the designation as high-risk. [3164(b)]
(2)
Definition of "High-Risk Defendant." A high-risk defendant is one
reasonably designated by the United States Attorney as posing a danger to himself or any
other person or to the community.
(3)
Measurement of Time Periods. For the purposes of this section:
(a)
A defendant is deemed to be in detention awaiting trial when he is
arrested on a Federal charge or otherwise held for the purpose of responding to a
Federal charge. Detention is deemed to be solely because the defendant is awaiting
trial unless the person exercising custodial authority has an independent basis (not
including a detainer) for continuing to hold the defendant.
"K" - 5
If a defendant's presence has been obtained through the filing of a detainer with state
authorities, the Interstate Agreement on Detainers, 18 U.S.C., Appendix, may require that trial
commence before the deadline established by the Speedy Trial Act. See U.S. v. Mauro, 436 U.S.
340), 356-57 n.24 (1978)
(b)
If a case is transferred pursuant to Rule 20 of the Federal Rules of
Criminal Procedure and the defendant subsequently rejects disposition under Rule 20
or the court declines to accept the plea, a new period of continuous detention awaiting
trial will begin at that time.
(c)
and D(5)(d).
(4)
A trial shall be deemed to commence as provided in section D(5)(c)
Related Procedures.
(a)
If a defendant is being held in custody solely for the purpose of
awaiting trial, the United States Attorney shall advise the court at the earliest
practicable time of the date of the beginning of such custody.
(b)
The United States Attorney shall advise the court at the earliest
practicable time (usually at the hearing with respect to bail) if the defendant is
considered by him to be high risk.
(c)
If the court finds that the filing of a "high-risk" designation as a public
record may result in prejudice to the defendant, it may order the designation sealed
for such period as is necessary to protect the defendant's right to a fair trial, but not
beyond the time that the court's judgment in the case become final. During the time
the designation is under seal, it shall be made known to the defendant and his counsel
but shall not be made known to other persons without the permission of the court.
F.
Exclusion of Time From Computations.

(1)
Applicability. In computing any time limit under section C (Interval I), D

(Interval II), or E (Custody/High-Risk), the periods of delay set forth in 18
U.S.C. 3161(h) shall be excluded. Such periods of delay shall not be
excluded in computing the minimum period for commencement of trial under
section G.
(2)
Records of Excludable Time. The clerk of the court shall enter on the
docket, in the form prescribed by the Administrative Office of the United
States Courts, information with respect to excludable periods of time for each
criminal defendant.
"K" - 6
(3)
(4)
Stipulations.
(a)
The attorney for the government and the attorney for the defendant
may at any time enter into stipulations with respect to the accuracy of
the docket entries recording excludable time.
(b)
To the extent that the amount of time stipulated by the parties does not
exceed the amount recorded on the docket for any excludable period
of delay, the stipulation shall be conclusive as between the parties
unless it has no basis in fact or law. It shall similarly be conclusive as
to a codefendant for the limited purpose of determining, under 18
U.S.C. 3161(h)(7), whether time has run against the defendant
entering into the stipulation.
(c)
To the extent that the amount of time stipulated exceeds the amount
recorded on the docket, the stipulation shall have no effect unless
approved by the court.
Pre-Indictment Procedures.
(a)
In the event that the United States Attorney anticipates that an

indictment or information will not be filed within the time limit set
forth in section C (Interval I), he may file a written motion with the
court for a determination of excludable time. In the event that
the United States Attorney seeks a continuance under 18 U.S.C.
3161(h)(8), he shall file a written motion with the court requesting
such a continuance.
(b)
The motion of the United States Attorney shall state (i) the period of
time proposed for exclusion, and (ii) the basis of the proposed
exclusion. If the motion is for a continuance under 18 U.S.C.
3161(h)(8), it shall also state whether or not the defendant is being
held in custody on the basis of the complaint. In appropriate
circumstances, the motion may include a request that some or all of
the supporting material be considered ex parte and in camera.
"K" - 7
(c)
(5)
The court may grant a continuance under 18 U.S.C. 3161(h)(8) for

either a specific period of time or a period to be determined by
reference to an event (such as recovery from illness) not within the
control of the government. If the continuance is to a date not certain,
the court shall require one or both parties to inform the court promptly
when and if the circumstances that justify the continuance no longer
exist. In addition, the court shall require one or both parties to file
periodic reports bearing on the continued existence of such
circumstances. The court shall determine the frequency of such
reports in the light of the facts of the particular case.
Post-Indictment Procedures.
(a)
At each appearance of counsel before the court, counsel shall examine

the clerk's records of excludable time for completeness and accuracy
and shall bring to the court's immediate attention any claim that the
clerk's record is in any way incorrect.
(b)
In the event that the court continues a trial beyond the time limit set
forth in section D or E, the court shall determine whether the limit
may be recomputed by excluding time pursuant to 18 U.S.C.
3161(h).
(c)
If it is determined that a continuance is justified, the court shall set

forth its findings in the record, either orally or in writing. If the
continuance is granted under 18 U.S.C. 3161(h)(8), the court shall
also set forth its reasons for finding that the ends of justice served by
granting the continuance outweigh the best interest of the public and
the defendant in a speedy trial. If the continuance is to a date not
certain, the court shall require one or both parties to inform the court
promptly when and if the circumstances that justify the continuance
no longer exist. In addition, the court shall require one or both parties
to file periodic reports bearing on the continued existence of such
circumstances. The court shall determine the frequency of such
reports in the light of the facts of the particular case.
"K" - 8
G.
Minimum Period for Defense Preparation.
Unless the defendant consents in writing to the contrary, the trial shall not commence
earlier than 30 days from (i) the date on which the indictment or information is filed or (ii),
if later, from the date on which counsel first enters an appearance, or (iii) the date on which
the defendant expressly waives counsel and elects to proceed pro se. In circumstances in
which the 70-day time limit for commencing trial on a charge in an indictment or information
is determined by reference to an earlier indictment or information pursuant to section D(4),
the 30-day minimum period shall also be determined by reference to the earlier indictment
or information. When prosecution is resumed on an original indictment or information
following a mistrial, appeal, or withdrawal of a guilty plea, a new 30-day minimum period
will not begin to run. The court will in all cases schedule trials so as to permit defense
counsel adequate preparation time in the light of all the circumstances. [3161(c)(2)].
H.
I.
J.
Time Within Which Defendant Should be Sentenced.

(1)
Time Limit. A defendant shall ordinarily be sentenced within (45) days of the
date of his conviction or plea of guilty or nolo contendere.
(2)
Related Procedures. If the defendant and his counsel consent thereto, a

presentence investigation may be commenced prior to a plea of guilty or nolo
contendere or a conviction.
Juvenile Proceedings.
(1)
Time Within Which Trial Must Commence. An alleged delinquent who is

in detention pending trial shall be brought to trial within 30 days of the date
on which such detention was begun, as provided in 18 U.S.C. 5036.
(2)
Time of Dispositional Hearing. If a juvenile is adjudicated delinquent, a

separate dispositional hearing shall be held no later than 20 court days after
trial, unless the court has ordered further study of the juvenile in accordance
with 18 U.S.C. 5037(c).
Sanctions.
(1)
Dismissal or Release from Custody. Failure to comply with the

requirements of Title I of the Speedy Trial Act may entitle the defendant to
dismissal of the charges against him or to release from pretrial custody.
Nothing in this plan shall be construed to require that a case be dismissed or
a defendant released from custody in circumstances in which such action
would not be required by 18 U.S.C. 3162 and 3164.4
"K" - 9
Dismissal may also be required in some cases under the Interstate Agreement on
Detainers, 18 U.S.C., Appendix.
K.
(2)
High-Risk Defendant. A high-risk defendant whose trial has not commenced

within the time limit set forth in 18 U.S.C. 3164(b) shall, if the failure to
commence trial was through no fault of the attorney for the government, have
his release conditions automatically reviewed. A high-risk defendant who is
found by the court to have intentionally delayed the trial of his case shall be
subject to an order of the court modifying his nonfinancial conditions of
release under Chapter 207 of Title 18, U.S.C., to ensure that he shall appear
at trial as required. [3164(c)]
(3)
Discipline of Attorneys. In a case in which counsel (a) knowingly allows the

case to be set for trial without disclosing the fact that a necessary witness
would be unavailable for trial, (b) files a motion solely for the purpose of
delay which he knows is frivolous and without merit, (c) makes a statement
for the purpose of obtaining a continuance which he knows to be false and
which is material to the granting of the continuance, or (d) otherwise willfully
fails to proceed to trial without justification consistent with 18 U.S.C. 3161,
the court may punish such counsel as provided in 18 U.S.C. 3162(b) and
(c).
(4)
Alleged Juvenile Delinquents. An alleged delinquent in custody whose trial

has not commenced within the time limit set forth in 18 U.S.C. 5036 shall
be entitled to dismissal of his case pursuant to that section unless the Attorney
General shows that the delay was consented to or caused by the juvenile or his
counsel, or would be in the interest of justice in the particular case.
Persons Serving Terms of Imprisonment.

If the United States Attorney knows that a person charged with an offense is serving
a term of imprisonment in any penal institution, he shall promptly seek to obtain the
presence of the prisoner for trial, or cause a detainer to be filed, in accordance with
the provisions of 18 U.S.C. 3161(j).
L.
Effective Dates.
(1)
The amendments to the Speedy Trial Act made by Public Law 96-43 became
effective August 2, 1979. To the extent that this revision of the district's plan
does more than merely reflect the amendments, the revised plan shall take
effect upon approval of the reviewing panel designated in accordance with 18
U.S.C. 3165(c). However, the dismissal sanction and the sanctions against
attorneys authorized by 18 U.S.C. 3162 and reflected in sanctions J(1) and
(2) of this plan shall apply only to defendants whose cases are commenced by
arrest or summons on or after July, 1980, and to indictments and information
filed on or after that date.
"K" - 10
(2)
If a defendant was arrested or served with a summons before July 1, 1979, the
time within which an information or indictment must be filed shall be
determined under the plan that was in effect at the time of such arrest or
service.
(3)
If a defendant was arraigned before August 2, 1979, the time within which the
trial must commence shall be determined under the plan that was in effect at
the time of such arraignment.
(4)
If a defendant was in custody on August 2, 1979, solely because he was

awaiting trial, the 90-day period under section E shall be computed from that
date.
"K" - 11
APPENDIX "L"
Local Court Rules of the United States Bankruptcy Court for the Western District of Texas
(Available by contacting the U. S. Bankruptcy Court)
www.txwb.uscourts.gov
L - 1
Pag e: 1
121 F.R.D. 284
57 USLW 2058, 2 Tex.Bankr.Ct.Rep. 518
(Cite as: 121 F.R.D. 284)
theories involving hundreds of thousa nds of

documents, absent showing of intentional or willful
conduct on part of plaintiffs or their counsel.
Fed .Rules Civ.P roc.R ule 37 (b), 28 U .S.C.A.
[3] Federal Civil Procedure

170Ak2795 Most Cited Cases
(Formerly 45k24)
United States District Court,
N.D . Texas,
Dallas Division.
Atto rney's failure to identify himself or his client to

prospective witness prior to making inquiries about
transaction pertine nt to client's civil action did not
require sanctions. U.S.Dist.Ct.Rules N.D.T ex., Rule
5.1(a).
DO ND I PRO PER TIES COR POR ATIO N and the
Federal Savings and Loan Insurance
Corporation as Receiver for Vernon Savings and
Loan Association, FSA,
Plaintiffs,
v.
COMM ERCE SAVINGS AND LOAN
ASSOC IAT ION , et al., Defendants.

Jean Rinard K NIG HT , Plaintiff,
v.
PROTECTIVE LIFE INSURANCE COMPANY,
Defendant.

170 Ak1 105 .1 Most Cited Cases
(Formerly 170Ak1105)
Civ. A. Nos. CA3-87-1725-H, CA3-87-2692-D.

July 14, 1988.
At request of one its members, the United States

District Court for the Northern District of Texas
convened en banc for p urpo se of establishing
standards of litigation conduct to be observed in civil
actions in district. T he D istrict Court held that
standards of litigation conduct would be adopted.
Ord ered acco rdingly.
25
Filing reply brief without district court's permission

did not require that brief be stricken, where court had
not yet considered und erlying sub stantive motions.
U.S.Dist.Ct.Rules N.D.Tex., Rules 5.1, 5.1(a, c-f).
*284 Do n T. O'Banno n of Arter, Hadd en & W itts,
Dallas, Tex., and Jerome A. Hochberg and Douglas
M . Mangel of Arter & *285 Hadden, W ashington,
D.C ., for Dond i Properties Corp., et al.
Ernest E. Figari, Alan S. Loewinsohn, and James A.
Jones of Figari & Davenport, Dallas, Tex., for Gerald
Stoo l, et al.
Gordon M. Shapiro, Michael L. Knapek, and P atricia
J. Kendall of Jackson & W alker, Dallas, Tex., for
Comm erce Sav. Assn.
Randall L. Freedm an, Dallas, T ex., for Jack Franks.

Christoph er M . W eil and Amy Bro ok G anci of W eil
& Ren neke r, P.C ., Dalla s, Te x., for R .H.
Westmoreland.
Standards of litigation conduct to be observed in civil

actions litigated in Northern District of T exas would
be ad opted. 28 U.S.C.A. 2072.

170 Ak1 636 .1 Most Cited Cases
(Formerly 170Ak1636)
110 5.1
Paul E. Coggins and Weston C. Loegering o f Davis,

Meadows, Owens, Collier & Zachry, Dallas, Tex., for
W . Deryl Comer.
W est Headnotes

170Ak25 Most Cited Cases
2795
Mark T. Davenport of Figari & Davenport, Dallas,

Tex., for Jean Rinard Knight.
163 6.1
David M . Ken dall of Tho mpson & Knight, Austin,

Tex., for Protective Life Ins. Co.
Plaintiffs' failure to comp ly with ma gistrate's

previous discovery orders did not require dismissal of
civil action presenting complex legal and factual
Before P OR TE R, Chief Judge, SANDE RS, Acting
Copr. W est 2001 No Claim to Orig. U.S. Govt. Wo rks

M - 5
Pag e: 2
Chief Judge, and WOODWARD, MAHON, B ELE W ,

ROBINSON, BUCHMEYER, FISH, MALONEY,
FIT ZW AT ER, and CU MMING S, District Judges.
The sanction motions complain of plaintiffs' failure

to answer interrogatories, failure to comply with prior
orders of the court pertaining to discovery,
misrepresenting facts to the court, and improperly
withholding documents.
The magistrate had
previously entered orders on M arch 29, 1988 and
April 28, 1988 and defendants contend plaintiffs'
conduct with respect to prior orders of the magistrate
warrants dismissing their action or awarding other
relief to movants.
PER CURIAM :
W e sit en banc to adopt standards of litigation
conduct for attorneys appearing in civil actions in the
Northern District of Te xas.
I.
In Knight, there is pending before a judge of this

court plaintiff's motio n to strike a reply brief that
defendant filed witho ut leave of court. On April 8,
1988, defendant filed four motions, including motions
for separate trials and to join another *286 party.
[FN2] On A pril 27 , 1988, plaintiff filed her respo nse
to the motions. Thereafter, without leave of court,
defendant, on M ay 26, 198 8, filed a reply to
plaintiff's respo nse. On June 3, 1988, plaintiff filed a
motion to strike the rep ly, to which motion defendant
has filed a response.
Dondi Properties is a suit for recovery based upon

civil RICO , common law and statutory fraud, the
Texas Fraudulent Transfer Act, federal regulations
prohibiting affiliate transactions, civil conspiracy,
negligent misrep resentation, and usury, arising in
connection with activities related to the failed Vernon
Savings and Loan Association. Knight is an action
for violations of the Texas Insurance Code and Texas
Deceptive Trade Practices-- Consumer Protection
Act, and for breach of duty of good faith and breach
of contract, arising from defendant's refusal to pay
plaintiff the p roceeds o f a life insurance po licy.
In Dondi Properties, the following motions have
been referred to the magistrate pursuant to 28 U.S.C.
636(b) and N.D.T ex.Misc.Order No. 6, Rule 2(c):
[FN1] third motion for
the Stool defendants'
sanctions or, in the alternative, to compe l (and
supplement to the motion); the third motion for
sanctions o f de fe n d an t, C o m merce Savings
Asso ciation (and supplement to the motion);
defendant, W. Deryl Comer's, first motion for
sanctions or, in the alternative, motion to compel (and
supplement to the mo tion); the Stool defend ants'
motion for sanctions against plaintiffs' attorney;
defendant, Jack Franks', first motion for sanctions or,
in the alternative, motion to compel; defendant, R.H.
W estmoreland's, motion for sanctions and, in the
alternative, to compel;
and various submissions
containing additional authorities in support of the
motions and b riefs alread y filed.
Plaintiffs have
responded to the motions, and the S tool d efendants
have filed a motion for leave to file rep ly to plaintiffs'
response.
FN1. The Stool defendants are Gerald Stool,

Do nald F. Goldman, AM F Partnership, Ltd .,
Park Cosmopolitan Associates, Duck Hook
Asso ciate s, T urnp ik e W aldro p Jo int
Venture, Alamo Associates, and Seven Flags
Partnership.
FN2. The other motions are mo tions to

compel and for protective order.
Plaintiff contends the reply brief should be stricken

because defendant did not, as required by Local Rule
5.1( f), obtain leave to file a reply, because defendant
failed to seek permission immediately upon receipt of
plaintiff's response, and, alternatively, because
de fendant's reply was filed in excess of 20 days after
plaintiff filed her response. In the event the court
does not strike the reply, plaintiff requests leave to
file an additional response.
At the request of a member of the court, we
convened the en b anc court [FN3] for the purpose of
establishing standards of litigation conduct to be
observed in civil actions litigated in the Northern
District of Texas. In section II of the op inion we
establish such standards.
In section III the
magistrate decides the Dondi Properties motions, and
in section IV a judge of the court decides the Knight
motion, in accordance with the standard s we ad opt.
[FN4]
FN3. W e concede the unusual nature of this

procedure. We note, however, that the U.S.
District Court for the Central District of
California recently sat en banc to decide the

M - 6
Pag e: 3
constitutionality of the sentencing guidelines

promulgated pursuant to the Sentencing
Refo rm Act of 19 84. See United States v.
Or t e g a L o p e z , 6 8 4 F . S u p p . 1 5 0 6
(C.D.Cal.1988) (en banc).
FN4. While we adopt en banc the standards

for civil litigation conduct, the decisions
regarding the particular motions are those of
t h e m a g i s tr a te an d d i s t r i c t j u d g e ,
respectively, before whom the motions are
pending.
II.
[1] The judicial branch of the United States
government is charged with responsibility for
deciding cases and co ntroversies a nd fo r
administering justice. We attempt to carry out our
responsibilities in the most prompt and efficient
manner, recognizing that justice delayed, and justice
obtained at excessive co st, is often justice denied.
[FN5]
size of the bar has decreased collegiality, or the legal

profession has become only a busine ss, or
experienced lawyers have ceased to teach new
lawyers the standards to be observed, or because of
other factors not rea dily categorized, we observe
patterns of behavior that forebod e ill for our system
of justice. [FN6] We now adopt standards designed
to end such cond uct.
FN6. No r are we alone in our observations.

In Decemb er 1984 th e T e xa s B ar
Foundation conducted a "Conference on
Pro fessio nalism."
The conference
summ ary, issued in March 198 5, recounts
similar observations from leading jud ges,
lawyers, and legal educators concerning the
subject of lawyer professionalism.
A.
We begin by recognizing our power to adopt
standards for attorney conduct in *287 civil actions
and by determining, as a m atter of p rudence, that we,
rather than the circuit court, should adopt such
standards in the first instance.
FN5. W e do so in the sp irit of Fed.R.Civ.P.

1, which provides that the federal rules
"shall be construed to secure the just,
speedy, and inexpensive determination of
every action."
W e address today a problem that, though of

relatively recent origin, is so pernicio us that it
threatens to delay the administration of justice and to
place litigation beyond the financial reach of litigants.
W ith alarming frequency, we find that valuable
judicial and attorney time is consumed in resolving
unnecessary contention and sha rp practices between
lawyers.
Judges and magistrates of this court are
required to devote substantial attention to refereeing
abusive litigation tactics that range from benign
incivility to outright obstruction.
Our system of
justice can ill-afford to devo te scarc e reso urces to
supervising matters that do not advance the resolution
of the merits of a case; nor can justice long remain
available to deserving litigants if the costs of
litigation are fuele d unnecessarily to the point of
being prohibitive.
As judges and former practitioners from varied
backgrounds and levels of experience, we jud icially
know that litigation is conducted today in a manner
far different from years past. Whether the increased
By means of the Rules Enabling Act of 1934, now

codified as 28 U.S.C. 2072, Congress has
authorized the Sup reme Court to ad opt rules of civil
procedure.
The Court has promulgated rules that
empower district courts to manage all aspects of a
civil action, including pretrial scheduling and
planning (Rule 16) and discovery (Rule 26(f)). W e
are authorized to protect attorneys and litigants from
practices that may increase their expenses and
burdens (Rules 26 (b)(1) and 26(c)) o r may cause
them annoyance, em barrassme nt, or oppression (Rule
26(c)), and to impose sanctions upon parties or
attorne ys who violate the rules and orders of the court
(Rules 16(f) and 37). We likewise have the power
by statute to tax costs, expenses, and attorney's fees
to attorne ys who unreasonably and vexatio usly
multiply the proceedings in any case. 28 U .S.C.
1927. W e are also granted the autho rity to punish, as
contempt of court, the misbehavior of court officers.
18 U.S.C. 401. In addition to the authority granted
us by statute or by rule, we possess the inherent
power to regulate the ad ministratio n of justice. See
Batson v. Neal Spelce A ssociates, Inc., 805 F.2d 546,
550 (5th Cir.1986) (federal courts possess inherent
power to assess attorney's fees and litigation costs
when losing party has acted in bad faith, vexatiously,
wanto nly, or for o ppressive re asons); Thom as v.
Capital Security Services, Inc., 836 F.2d 866, 875

M - 7
Pag e: 4
(5th Cir.1988) (en banc) (district court has inherent

power to award attorney's fees when losing party has
acted in bad faith in actions that led to the lawsuit or
to the conduct of the litigation).
We conclude also that, as a m atter of p rudence, this
court should adopt standards of conduct without
awaiting action of the circuit court. We find support
for this approach in Thomas, where , in the Rule 11
context, the Fifth Circuit noted the singular
perspective of the district court in deciding the fact
intensive inquiry whether to impose or deny
sanctions. The co urt noted that trial judges are "in
the best position to review the factual circumstances
and render an informed judgment as [they are]
intimately involved with the case, the litigants, and
the attorneys on a daily basis." 836 F.2d at 873. W e
think the circuit court's rationale for eschewing
"second-hand review of the facts" in Rule 11 cases
may be applied to our adopting standards of litigation
conduct: " 'the district court will have a better grasp
of what is acceptable trial-level practice among
litigating mem bers o f the bar than will ap pellate
judges.' ". Id. at 873 (quoting Eastway Construction
Corp. v. City of New Y ork, 637 F.Sup p. 55 8, 566
(E.D.N.Y.1986)).
B.
W e next set out the standards to which we expect
litigation counsel to adhere.
The Dallas Bar Association recently adopted
"Guidelines of Professional Courtesy" and a
"L awyer's Creed" [FN7] that are both sensible and
pertinent to the problems we address here.
From
them we adopt the following as standards of practice
[FN8] to be obse rved by attorneys appearing in civil
actions in this district:
FN7. W e set out in an appendix pertinent

por tions of the guidelines and the creed in
the form adopted by the Dallas Bar
Association.
attorne y and client.
(B) A lawyer owes, to the judiciary, candor,
diligenc e and utmost respe ct.
(C) A lawyer owes, to opposing counsel, a duty of
courtesy and cooperation, the observance of which
is necessary for the efficient administration of our
system of justice and the respect of the public it
serves.
(D) A lawyer unquestionably owes, to the
administration of justice, the fundamental *288
duties of personal dignity and professional
integrity.
(E) Lawyers should treat each other, the opposing
party, the court, and members of the court staff
with courtesy and civility and conduct themselves
in a pro fessiona l manner at all time s.
(F) A client has no right to demand that counsel
abuse the opposite party or indulge in offensive
conduct.
A lawyer shall always treat adverse
witnesses and suitors with fairness and due
consideration.
(G) In adversary proceed ings, clients are litigants
and though ill feeling may exist between clients,
such ill feeling should not influence a lawyer's
conduct, attitude, or demeanor towards opposing
lawyers.
(H) A lawyer should not use any form of discovery,
or the scheduling of discovery, as a means of
harassing op posing counsel or counsel's client.
(I) Lawyers will be punctual in communications
with others and in honoring scheduled appea rances,
and will recognize that neglect and tardiness are
demeaning to the lawyer and to the judicial system.
(J) If a fellow m emb er of the Bar makes a just
request for cooperation, or seeks scheduling
accommo dation, a lawyer will not arbitrarily or
unreasonably withho ld consent.
( K ) Effective a dvo cacy d oes n ot req uire
antago nistic or obnoxious behavior and members
of the Bar will adhere to the higher standard of
conduct which judge s, lawyers, clients, and the
pub lic may rightfully expect.
Attorneys who abide faithfully by the standards we
adopt should have little difficulty conducting
themselves as members of a learned profession
whose unswerving duty is to the public they serve
and to the system of justice in which they practice.
[FN9] Those litigators who persist in viewing
themselves solely as combatants, or who perceive
that they are retained to win at all costs without
regard to fundamental principles o f justice, will
find that their conduct does not square with the
practices we expect of them. Malfeasant counsel
can expect instead that their conduct will prompt an
appropriate response from the court, including the
FN8. W e also commend to counsel the

American College of Trial Lawyers' Code of
Trial Conduct (rev. 1987). Those portions
of the Code that are applicable to our
decision tod ay are se t out in the a ppe ndix.
(A) In fulfilling his or her primary d uty to the
client, a lawyer must be ever conscious of the
broader duty to the judicial system that serve s both

M - 8
Pag e: 5
standards that counsel are excused from conducting

themselves in any manner otherwise required by law
or by court rule. We think the standards we now
adopt are a *289 necessary corollary to existing law,
and are appropriately established to signal our strong
disapproval of practices that have no place in our
system of justice and to emp hasiz e that a lawyer's
conduct, both with respect to the court and to other
lawyers, should at all times be characterized by
hone sty and fair play.
range of sanctions the Fifth Circuit suggests in the

Rule 11 context: "a warm friendly discussion on
the record, a ha rd-no sed re primand in ope n court,
compulsory legal education, monetary sanctions, or
other measures appropriate to the circumstances."
Tho mas, 836 F.2d at 878. [FN10]
FN9. W e note that these standards are

consistent with both the American Bar
Association and State Bar of Texas Codes of
Professional Resp onsibility.
See, e.g.,
ethical considerations EC 7-10, EC 7-36, EC
7- 37, and EC 7 -38 set out in the appendix.
III.
The Dondi Properties motions referred to the
magistrate for determination raise issues concerning
plaintiffs' compliance with prior discovery orders of
the court and the conduc t of one of plaintiffs'
attorneys in contacting a p ossible witness.
FN10. We draw the parallel to Fed.R.Civ.P.

11 with the caveat that we are not adopting
Rule 11 jurisprudence in the context
presented here.
A.
Discovery Issues
[2] Although in excess of 20 pleadings and letters
from counsel have been presented to the court
involving various defend ants' motions for sanctions,
the common denominator of all is whether or not
plaintiffs have complied with the previous discovery
orders of the magistrate.
W e do not, by adop ting these standa rds, invite

satellite litigation of the kind we now see in the
context of Fed.R.Civ.P. 11 motions. To do so would
defeat the fundamental premise which motivates our
action. W e do intend, however, to take the steps
necessary to ensure that justice is not removed from
the reach of litigants either because improper
litigation tactics interpose unnecessary delay or
because such actions increase the cost of litigation
beyond the litigant's financial grasp. [FN11]
FN11. We note, by way of example, the

Dallas Bar Association guideline that
eliminates the necessity for motions, briefs,
hearings, orders, and other formalities when
"oppo sing counsel makes a reasonable
request which does not prejudice the rights
of the client."
This salutary standard
recognizes that every contested motion,
however simple, costs litigants and the court
time and money.
Yet our court has
experienced an increasing number of
instances in which attorneys refuse to agree
to an extension of time in which to answer
or to respo nd to a dispositive motion, or
even to consent to the filing of an amended
pleading, notwithstanding that the extension
of time or the amended plead ing wou ld
delay neither the disposition of a pending
matter nor the trial of the case.
Similarly, we do not imp ly by prescribing these
The case at hand presents complex legal and factual

theories involving hundreds of thousands of
documents.
The logistical prob lems p resented in
discovery are compounded by several factors, among
them being that (a) no ne of the Receiver (FS LIC)'s
employees were employed by either Vernon Savings
and Loan Association, FSA, or its predecessor; (b)
prior to the R eceiver's receip t of documents they were
not kept in a complete and orderly manner; (c) that
plaintiffs have had thre e sets of attorneys of record in
this case; an d (d) plaintiffs and their counsel, past
and present, have not taken adequate measures to
assure com pliance with the court's prior orders.
In seeking dismissal of plaintiffs' case, the moving
defendants have c atego rized plaintiffs' conduct and
that of their co unsel as being in "ba d faith" and "in
Such
defiance" of the court's prior orders.
characterization of a party opp onent's conduct should
be sparingly employed by counsel and should be
reserved for only those instances in which there is a
sound basis in fact demonstrating a party's deliberate
and intentional disregard of an order of the court or of
obligations imposed under applicable Federal Rules
of Civil Procedure.
Such allegations, when
inappropriately mad e, add much heat but little light to
the court's task of deciding discovery disputes.

M - 9
Pag e: 6
Although there are conceded instances of neglect on

the part of plaintiffs and their counsel and instances
of lack of communication or miscommunication
among counsel for the parties in the present discovery
disputes, there is no showing of intentional or willful
conduct on the part of plaintiffs or their counsel
which warrants dismissal under Rule 37(b), Federal
Rules of Civil Procedure.
However, the disputes
which exist amply demonstrate an inadeq uate
utilization of Local Rule 5.1(a). [FN12]
FN12. In part Local Rule 5.1(a) reads as

follows: "Before filing a motion, counsel
for a moving party shall confer with the
counsel of all parties affected by the
requested relief to determine whether or not
the contemp lated m otion will be oppo sed."
FN13. W hen R ule 5.1 (a) co nferences re sult

in agreements, counsel may wish to
memorialize such agreements in writing.
Because the present controversies may well be

resolved, or appreciably narrowed, following further
communications among counsel and because the
court is not presented with circumstances which
warrant dismissal under Rule 37, the movant
defendants' motions will be denied at this time.
B.
Mo tion for Sanctions
Local Rule 5.1(a) implicitly reco gnizes that in

general the rules dealing with discovery in federal
cases are to be self-executing. The purpose of the
conference requirement is to promo te a frank
exchange between counsel to resolve issues by
agreement or to at least narrow and focus the matters
in controversy before judicial resolution is sought.
Regrettably over the years, in many instances the
conference requirement seems to have evolved into a
pro forma matter.
W ith increased frequency I
observe instances in which discovery disputes are
resolved by the affected parties after a hearing has
been set-- sometimes within minutes before the
hearing is to com mence. If disputes can be resolved
after motions have been filed, it follows that in all but
the most extraordinary circumstances, the y could
have been resolved in the course of Rule 5.1(a)
conferences.
A conference requires the participation of counsel
for all affected parties. An attorney's refusal to return
a call reque sting a Rule 5.1(a) conference will not be
Of course, the conference
*290 tolerated.
requirement may be satisfied by a written
communication as well. The manner in which the
conference is held and the length of the conference
will be dictated by the complexity of the issues and
the sound judgment of attorneys in their capacities as
advocates as well as officers of the cou rt, with the
objective of maximizing the resolution of disputes
without court intervention.
Properly utilize d Rule
5.1(a) promotes judicial eco nomy while at the same
time reducing litigants' expenses incurred for
attorneys' time in briefing issues and in preparing and
presenting pleadings. [FN13]
[3] In their motion filed on May 18, 1988,

defendants, Go ldma n, Stoo l, AM F Partnership Ltd .,
et al. (the Stool defendants) seek an order sanctioning
the cond uct of David Hammond, an attorney
practicing with the firm which is counsel of record
for plaintiffs.
The undisputed facts are that on or about May 9,
1988, plaintiffs' attorney had a te lephone
conversation with Carl Edwards in which the attorney
made inquiries about transactions pertinent to the
present case, but the attorney did not identify himself
as an attorney representing the plaintiffs.
As stated in the opinion issued in Ceramco, Inc. v.
Lee Pharm aceuticals, 510 F.2d 268, 271 (2d
Cir.1975): "the courts have not only the supervisory
power but also the duty and re sponsibility to
disqualify counsel for unethical cond uct prejudicial
to his adversaries." (Emph asis added ). However, in
the present case movants do not seek to disq ualify
plaintiffs' counsel nor have they shown any prejudice
resulting from the communication. Except in those
instances in which an attorney's conduct prejudicially
affects the interests of a party opponent or impairs the
administration of justice, adjudicatio n of alleged
ethical violations is more appropriately left to
grievance committees constituted for such purpose.
Deferring to such bodies permits proper resolution of
attorneys' conduct while at the same time relieving
courts of deciding matters which are unrelated or at
most perip heral to the case s before them .
As
reflected in the pleadings pertinent to this motion,
there are both legal issues and factual conflicts which
must be resolved in deciding whether ethical
standards were vio lated. Indeed, following the filing
of the motion m ovants have sought to depose the
attorney whose conduct is at issue, which has in turn
precipitated a motion for protective order filed by the
plaintiffs.

M - 10
Pag e: 7
Insuring that members of the legal profession

com ply with ethical standards should be a matter of
concern to all attorneys, and alleged breaches should
be brought to the attention of the grievance
committee by an attorney without charge to a client,
which is appropriate on ly when resolution by a court
is warranted. Ceramco, Inc., supra. By the same
token, absent a motion to disqualify, which if granted
would adversely affect his client's interests, an
attorney whose conduct is called into question must
himself bear the cost of defending his actions before a
grievance committee.
For the foregoing reason s movants' motion for
sanctions will be den ied, but withou t prejudice to
their counsel's right to present the allegations of
misconduct to the grievanc e com mittee. T he refusal
to grant sanctions should not be understood as
condoning an attorney's failure to identify himself
and his client to a pro spective witness.
Ha d the
attorney done so in the prese nt case, the present issue
may not *291 have arisen. An attorney is held to a
higher standard of conduct than non-lawyers, and
unlike non-lawyers, if rebuffed by a prospective
witness, the attorney may use available discovery
procedures to obtain the informatio n soug ht.
It is, therefore, ordered that the defendants' motions
relating to discovery are denied, but without
prejudice to their righ t to file subsequent mo tions, if
disputes remain after their counsel and p laintiffs'
counsel have engaged in a Rule 5.1(a) conference
consistent with this order.
It is further ordered that the Stool defendan ts' m otion
for sanctions against plaintiffs' attorney is denied, but
without prejudice to presentation of the issues raised
to the appropriate grievance committee.
de fendant's motions for separate trials and to join a

party.
Defendant explains in its response to the
motion to strike tha t "because of the flurry of activity
in this case, it failed to secure permission from the
Presiding Judg e to file the reply."
Although
defendant clearly vio lated a L ocal Rule o f this court,
the court concludes that the error did not warrant
plaintiff's filing a motion to strike.
The en banc co urt has adopted standards o f civil
litigation cond uct that ap ply to atto rneys who practice
before this court.
One standard requires that
attorne ys cooperate with one ano ther in order to
promote "the efficient administration of our system of
justice." This and the other standards adopted by the
court attemp t to satisfy the goals of reducing
litigation costs and expediting the resolution of civil
actions. The attorneys in Knight did no t cooperate in
connection with the filing of the reply brief, and there
resulted a dispute that has presumably increased
co unsel's fees to the ir clients, has unquestionab ly
required of the court an unnecessary expenditure of
time, and has not materially advanced the resolution
of the merits of this case.
In Local Rule 5.1 we have established the briefing
and decisional regimens for contested motions. Rules
5.1(a), (c), and (d) prescribe the mo vant's obligations.
Rule 5.1(e) dictates the deadline for filing a response
and provides when contested motions shall be
deemed ready for disposition. A movant may not, as
of right, file a reply to a response; instead, Rule
5.1(f) requires the movant to obtain permission to do
so immediately upon receipt of a response. In the
present case, defendant's counsel failed to cooperate
with plaintiff's counsel bec ause he did not ask him to
agree [FN14] to the filing o f a rep ly.
Plaintiff's
counsel failed to cooperate when he filed the motion
to strike the reply. [FN15]
It is further ordered that neither the Stool defendants'

counsel nor the plaintiffs' attorneys will charge their
clients for any time or expenses incurred relating in
any manner to the Stool defendants' motion for
sanctio ns against plaintiffs' attorney.
IV.
[4] In Knight, plaintiff moves to strike a reply brief
that defendant filed without the court's permissio n.
In the alternative, plaintiff seeks leave to file a
respo nse to the reply brief.
FN14. The court is not to be understood as

holding that the parties can, by agreem ent,
bind the pre siding ju dge to grant perm ission
to file a reply. W here the parties have so
agreed, however, the court will usually grant
such permission.
FN15. Plaintiff's motion to strike contains a

certificate of conference that states that
defendant and plaintiff could not agree
regarding the motion to strike. Defendant
disputes in its response that plaintiff and
defendant had such a conference, but states
that had there been o ne, defendant would
A.
It is undisputed that defendant did not obtain court
permission to reply to plaintiff's response to

M - 11
Pag e: 8
serves.
A la w ye r unque s tionably ow e s , to t h e
administration of justice, the fundamental duties of
perso nal dignity and professiona l integrity.
have opposed the motion to strike.
W hile our court has decide d that the determination

whether to permit a reply is discretiona ry with each
judge, the principle is well-established that the party
with the burden on a p articular matter w ill normally
be permitted to op en and close the briefing. See,
e.g., Sup.Ct.R. 3 5(3); Fed.R.App.P. 28(c). It should
thus be rare that a p arty *292 who opposes a motion
will object to the movant's filing a reply.
In furtherance of these fundamen tal concepts, the
following Guidelines of Professional Courtesy are
hereby adopted.
COURTESY, CIVILITY AND

PROFESSIONA LISM
In the present case, the parties have presumab ly

incurred the expense of preparing, and the court has
expended time considering, pleadings that go not to a
question that will advance the merits of this case but
instead to a collateral determination whether the court
should consider a particu lar plea ding. In isolation,
such expenditures may appear incon sequential.
Considered in the prope r context of numero us civil
actions and frequent disputes, it is apparent that
cooperation betwe en op posing counsel is essential to
the efficient operation of our justice system.
B.
Turning to the merits of the motion to strike, the
court concludes that the reply brief should not be
stricken and that plaintiff should no t be permitted to
file a further response. Although defendant did not
imme diately seek permission to file a reply, the court
has yet to consider the underlying substantive
motions; it thus will not interfe re with the court's
decisional process to consider the reply. The court
declines to permit plaintiff to file a further response
because the burden on the motions is upon the
defendant, who should thus be given the opp ortunity
to op en and close the argument.
SO ORDERED.
APP END IX
Excerpts from the Da llas Bar
Guidelines of Pr ofessiona l Cou rtesy
A ssocia tion
PREAM BLE
A lawyer's primary d uty is to the client. But in
striving to fulfill that duty, a lawyer must be ever
conscious of the broader duty to the judicial system
that serves bo th attorney and client.
A lawyer o wes, to the judiciary, candor, diligence
and utmost respe ct.
A lawyer owes, to opposing counsel, a duty of
courtesy and coop eration, the ob servance o f which
is necessary for the efficient administration of our
system of justice and the resp ect of the public it
1. Genera l Statem ent

(a) Lawyers should treat each other, the opposing
party, the court and mem bers o f the cou rt staff with
courtesy and civility and co nduc t themselves in a
professiona l manner at all time s.
(b) The client has no right to demand that counsel
abuse the opposite party or indulge in offensive
conduct.
A lawyer shall always treat adverse
witnesses and suitors with fairness and due
consideration.
(c) In adversary proceed ings, clients are litigants
and though ill feeling may exist between clients,
such ill feeling should not influence a lawyer's
conduct, attitude, or demeanor towards op posing
lawyers.
2. Discussion
(a) A lawyer should not engage in discourtesies or
offensive conduct with oppo sing counsel, whether
at hearings, depositions or at any other time when
involved in the representation of clients.
In all
contacts with the court an d court personnel,
counsel should treat the court and its staff with
courtesy and respect and without regard to whether
counsel agrees or d isagrees with rulings of the
court in any specific case. Further, counsel should
not denigrate the court or opposing counsel in
private conversations with their own client. W e
should all remember that the disrespect we bring
upon our fellow members of the Bar and the
judiciary reflects *293 on us and our profession as
well.
(b) Lawyers should be punc tual in fulfilling all
professional commitments and in communicating
with the court and fellow lawyers.
DEPOSITIONS, HEARINGS, AND DISCOVERY
MATT ERS
1. Genera l Statem ent
(a) Lawyers should make reasonable efforts to
conduct all discovery by agreement.
(b) A lawyer should not use any fo rm of discovery,
or the scheduling of discovery, as a means of

M - 12
Pag e: 9
counsel.
harassing op posing counsel or his client.

(c) Req uests for production sho uld not be excessive
or designed solely to place a burden on the
opposing party, for such cond uct in discovery only
increases the cost, duration, and unpleasantness of
any case.
*294 4. Minimum Notice for Depositions and

Hearings
(a) Depositions and hea rings sho uld no t be set with
less than one week notice except by agreement of
counsel or when a genuine need or emergency
exists.
(b) If opposing counsel makes a reasonab le request
which does not prejudice the rights o f the client,
compliance herewith is appropriate without
motions, briefs, hearings, orders and other
formalities and without attempting to exact
unrelated or unreasonable consideration.
2. Scheduling Lawye rs should, when practical,

consult with opposing counsel before scheduling
hearings and depositions in a good faith attemp t to
avoid sche duling conflicts.
3. Discussion
(a) Gen eral Guidelines
(1) When scheduling hearings and depositions,
lawyers should communicate with the opposing
counsel in an attem pt to schedule them at a
mutua lly agreeable tim e. This practice will avo id
unnecessary delays, expense to clients, and stress
to lawyers and their secretaries in the management
of the ca lenda rs and practice.
(2) If a request is made to clear time for a hearing
or depo sition, the lawyer to whom the re quest is
made should confirm that the time is available or
advise of a conflict within a reasonable time
(preferably the same business day, but in any event
before the end of the follow ing business day).
(3) Conflicts should be indicated only when they
actually exist and the requested time is not
available.
The courtesy requested by this
guideline should not be used for the purpose of
obtaining de lay or an y unfair ad vantag e.
(b) Exc eptions to G eneral Guidelines
(1) A lawyer who has attem pted to comply with
this rule is justified in setting a hearing or
deposition without agreement from opposing
counsel if opposing counsel fails or refuses
promptly to accept or reject a time offered for
hearing or d epo sition.
(2) If opposing counsel raises a n unreasonable
number of calendar conflicts, a lawyer is justified
in setting a hearing or deposition without
agree ment from o ppo sing counsel.
(3) If opposing counsel ha s consistently failed to
com ply with this guideline, a lawyer is justified in
setting a hearing or deposition without agreement
from opp osing counsel.
(4) When an action involves so many lawyers that
compliance with this guideline appears to be
impractical, a lawyer should still make a good faith
attemp t to com ply with this guideline .
(5) In cases involving extraordinary remedies
where time associated with scheduling agreem ents
could cause dam age o r harm to a client's case, then
a lawyer is justified in setting a hearing or
deposition without agreement from opposing
5. Cancelling Depositions, Hearings and Other

Discov ery Matters
(a) General Statement Notice of cancellation of
depositions and hearings should be given to
thecourt and op posing co unsel at the earliest
possible time .
(b) Discussion
(1) Calling at or just prior to the time o f a
scheduled hearing or deposition to advise the court
or opposing counsel of the cancellation lacks
courtesy and consideration.
(2) Early notice of cancellation of a deposition or a
hearing avoids unnecessary travel and expenditure
of time by opposing counsel, witnesses, and
parties.
Also, early notice of cancellation of
hearings to the Court allows the time p reviously
reserved to be used for other matters.
***
TIME DEADLINES AND EXTENSIONS
1. Genera l Statem ent Re asonable extensions of time
should be granted to opposing counsel where such
extension will not have a material, adverse effect on
the rights o f the client.
2. Discussion
(a) Because we all live in a world o f deadlines,
additional time is often required to complete a
given task.
(b) Traditionally, members of this bar association
have readily granted any reasonable request for an
extension of time as an acco mmoda tion to
opposing counsel who, because of a busy trial
schedule, perso nal emergency or heavy work load,
needs additional time to prepare a response or
com ply with a legal req uirement.
(c) This tradition should continue;
provided,
however, that no lawyer should request an
extension of time solely for the purpose of delay or
to ob tain any unfair advantag e.

M - 13
Page: 10
(d) Counsel should make every effort to honor

previously scheduled vaca tions o f opp osing
counsel which dates have been established in good
faith.
***
Dallas Bar Association Lawyer's Creed:
1. I revere the Law, the System, a nd the Profession,
and I pledge that in m y private and professional life,
and in my de alings with fellow m emb ers of the Bar, I
will upho ld the d ignity and respect of each in my
behavio r toward o thers.
2. In all dealings with fellow m emb ers of the Bar, I
will be guided by a fundamental sense of integrity
and fair play; I know that effective advocacy does
not mean hitting below the belt.
3. I will not abuse the System or the Profession by
pursuing or opposing discovery throu gh arbitrariness
or for the purpose of harassment or undue delay.
4. I will not see k accomm oda tion from a fellow
member of the Bar for the rescheduling of any Court
setting or discovery *295 unless a legitimate need
exists. I will not misrepresent co nflicts, nor w ill I
ask for accommod ation for the purpose of tactical
advantage or und ue de lay.
5. In my dealings with the Co urt and with fellow
counsel, as well as others, my word is my bond.
6. I will readily stipulate to undisputed facts in order
to avoid needless costs or inconvenience for any
party.
7. I reco gnize that my cond uct is not governed solely
by the Code of Professional Responsibility, but also
by stand ards o f fundam ental decency and courtesy.
8. I will strive to be punctual in communications
with others and in honoring scheduled appearances,
and I recognize that neglect and tardiness are
demeaning to me and to the Profession.
9. If a fellow memb er of the Bar makes a just req uest
for cooperation, or seeks scheduling accommodation,
I will not arbitrarily or unreasonably withhold
consent.
10. I re cognize that effective advocacy does not
require antagonistic or ob noxious b ehavior, and as a
member of the Bar, I pledge to adhere to the higher
standard of conduct which we, our clients, and the
pub lic may rightfully expect.
The Am erica n College of T rial Law yers' Code o f

Trial Conduct (rev. 1987 ) provides, in pertine nt part:
PREAM BLE
Lawyers who enga ge in trial work have a sp ecific
respo nsibility to strive for prompt, efficient, ethical,
fair and just disp osition of litigation....
***
To his client, a lawyer owes undivided allegiance,
the utmost application o f his learning, skill and
industry, and the employment of all appropriate
legal means within the law to protect and enforce
legitimate interests. In the discharge of this duty, a
lawyer should not be deterred b y any real or
fancied fear of judicial d isfavor, or public
unpo pularity, nor should he be influence d dire ctly
or indirectly by any considerations of self-interest.
To opposing counsel, a lawyer owes the duty of
courtesy, candor in the pursuit of the truth,
coo peration in all respects no t inconsistent with his
client's interests and scrupulous observ ance of all
mutua l understandings.
To the office of judge, a lawyer owes resp ect,
diligence, candor and punctuality, the maintenance
of the dign ity and ind ependence o f the judiciary,
and protection against unjust and improper
criticism and attack, and the judge, to render
e f f e c t i v e s u c h c o n d u c t, h a s r e c i p r o c al
responsibilities to uph old and protect the dignity
and independence of the lawyer who is also an
officer o f the cou rt.
To the administratio n of justice, a lawyer owes the
ma intenance of p r o fe s s io n a l d i gn i ty a nd
independence. He should abide by these tenets
and conform to the highest principles of
professional rectitude irrespective of the desires of
his client or others.
This Code exp resses only minimum standards and
should be co nstrued libera lly in favor of its
fundamental purpose, consonant with the fiduciary
status *296 of the trial law yer, and so that it shall
govern all situations whether or no t specifica lly
mentioned herein.
***
12. DISCRETION IN COOPERATIN G WITH
OPPO SING COUN SEL
The lawyer, and no t the client, has the so le
discretion to determine the accommodations to be
granted opposing counsel in all matters not directly
affecting the merits of the cause or prejudicing the
client's rights, such as extensions of time,
continuance s, adjourn ments and admission o f facts.
In such matters no client has a right to demand that
his counsel shall be illiberal or that he do anything

M - 14
Page: 11
therein repugnant to his own sense of honor and

propriety.
13. RELATIONS W ITH OPP OSING COU NSEL
(a) A lawyer should adhere strictly to all express
promises to and agreements with o ppo sing counsel,
whether oral or in writing, and should adhe re in
good faith to all agreements implied by the
circumstances or by local custom.
When he
knows the identity of a lawyer representing an
opposing party, he should not take advantage of the
lawyer by causing any default or dismissal to be
entered without first inquiring about the opposing
lawyer's intention to p roceed.
(b) A lawyer should avoid disparaging personal
remarks or acrimony toward opposing counsel, and
should remain wholly uninfluenc ed by any ill
feeling between the respective clients. He should
abstain from any allusion to personal peculiarities
and idiosyncracie s of op posing counsel.
continuance s, waiver of pro cedural formalities, and

similar matters which do not prejudice the rights of
his client.
He should follow local customs of
courtesy or practice, unless he gives timely notice
to opposing counsel of his intention not to d o so.
A lawyer should be punctual in fulfilling all
professiona l commitments.
EC 7-39. In the final analysis, proper functioning
of the adversary system depends upon cooperation
between lawyers and tribunals in utilizing
procedures which will preserve the impartiality of
the tribunal and m ake the ir decisional processes
prompt and just, without impinging upon the
obligation of the lawyer to represe nt his client
zealously within the framework of the law.
END OF DOCUMENT
***
American B ar A ssociation and State Bar of Texas
Codes of Pro fessional Respo nsibility ethical
considerations:
EC 7-10. The duty of a lawyer to rep resent his
client with zeal does not militate against his
concurrent obliga tion to treat with co nsideration a ll
persons involve d in the legal process an d to avoid
the infliction of needless harm.
EC 7-36. Judicial hearings ought to be conducted
through dignified and orderly procedures designed
to protect the rights of all parties.
Although a
lawyer has the duty to represent his client
zealo usly, he should not engage in any conduct that
offends the dignity and decorum of proceedings.
W hile maintaining his independence, a lawyer
should be respectful, courteous, an d above-board in
his relations with a judge or hearing officer before
whom he appears.
He should avoid undue
solicitude for the comfort or convenience of judge
or jury and should avoid any other conduct
calculated to gain special co nsideration.
EC 7-37. In adversary proceedings, clients are
litigants and though ill feeling may exist between
clients, such ill feeling should not influence a
lawyer in his conduct, attitude, and demeanor
towards opposing lawyers. A lawyer should not
make unfair or dero gatory perso nal reference to
opposing counsel.
Haranguing and offensive
tactics by lawye rs interfere with the orderly
administration of justice and have no proper place
in our legal system .
EC 7-38.
A lawyer should be co urteous to
opposing counsel and should accede to rea sonable
requests regarding co urt procee dings, settings,
M - 15

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LOCAL COURT RULES

Effective: April 26, 2012

Service and Filing of Documents and Other Papers

Documents Filed Under Seal

Pleadings Allowed; Form of Motions

Pretrial Conferences; Scheduling; Management

General Provisions Governing Discovery

(c) Protective Orders

Depositions Upon Oral Examination

Requests for Admissions

Failure to Obtain Default Judgment

Security; Proceedings Against Sureties

Deposit and Disbursement of Registry Funds

Magistrate Judges, Pretrial Matters

Removal and Destruction of Records and Exhibits

Alternative Dispute Resolution

SECTION II - CRIMINAL RULES

Scope and Applicability of Rules

Pretrial Services Interview, Report and Supervision of Confidential Informants

Initial Appearance of Undocumented Alien Detained as Material Witness

The Grand Jury (DELETED)

The Grand Jury

Division In Which Indictment May Be Presented and Filed

Deposition of Witness Other Than Material Witness

Deposition and Release of Material Witness in Custody

Discovery and Inspection

Place of Trial Within District

Sentence and Judgment

Release From Custody; Report of Detained Material Witnesses

Motions and Responses

Serving and Filing Papers

Forfeiture of Collateral in Lieu of Appearance (DELETED)

SECTION III - ATTORNEYS

Standards for Pretrial Conduct

Standards for Conduct Before the Judge and Jury

Publicity and Trial Management

Qualified Law Students and Unlicensed Law School Graduates

Information Required - Motion for Class Action Certification

Notice of Right to Consent to Trial by Magistrate Judge

Local Rules for the Assignment of Duties to United States

Amended Plan Providing for the Random Selection of Grand and

Juror Questionnaire (DELETED, December 2, 2011)

Application for Admission to Practice in the Western District of

(DELETED, December 1, 2002)

Listing of Selected General Orders (DELETED, December 2,

Guidelines for Nonstenographic Deposition

Notice Regarding Complaints of Judicial Misconduct or Disability

Plan for Prompt Disposition of Criminal Cases Pursuant to the

Adoption of the Texas Lawyer's Creed

WESTERN DISTRICT OF TEXAS

Hon. Lee Yeakel

Hon. Harry Lee Hudspeth

Hon. James R. Nowlin

U.S. District Clerk